| Citation(s) |
|---|
| 1988 SLG 2288 1988 SLD 2288 1988 SCMR 674 |
Supreme Court of Pakistan
Civil Appeal No. K-28 of 1982, decided on 24th January, 1988. (On appeal from the judgment/order of the Sind High Court, Karachi, Dated 13-9-1981 in Constitution Petition No. S-27 of 1978). Date of hearing: 24th January, 1988.
MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH AND JAVID IQBAL, JJ
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Civil Appeal No. K-28 of 1982, decided on 24th January, 1988. (On appeal from the judgment/order of the Sind High Court, Karachi, Dated 13-9-1981 in Constitution Petition No. S-27 of 1978). Date of hearing: 24th January, 1988.
MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH AND JAVID IQBAL, JJ
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PAKISTAN GLASS INDUSTRIES LABOUR WELFARE UNION, HYDERABAD through its General Secretary--Appellant
VS
PRESIDING OFFICER, LABOUR COURT NO.VI, HYDERABAD and others--Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 10(3)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Industrial Relations Ordinance (XXIII of 1969)-- --S.10(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 11-A—Constitution of Pakistan (1973), Art. 185 (3)--Cancellation of registration of defunct Labour Union--Closure of relevant industrial concern--Rights of workers—Protection of—Leave granting order--Withdrawal of ,cancellation of registration of defunct Labour Union, impugned--Relevant industrial concern closed down in 1974, registration of its Labour Union cancelled in 1976, no election held during subsequent period for more than a decade nor efforts made to bring on record ex-workers who might have kept alive proceedings as aggrieved persons --Leave granting order withdrawn in circumstances and petition for leave to appeal dismissed with observation that rights of workers in their capacity as such were fully protected even after closure and workers were not to suffer for the fact that Union was no more in existence. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment dated 13-9-1981 of the Sind High Court; whereby a Constitutional Petition filed by a defunct Workers Union (the petitioner/appellant) calling in question the cancellation of its registration under section 10(3) of the Industrial Relations Ordinance, 1969, was dismissed. The petitioner claimed that it was the Workers Labour Union and the bargaining agent in Pakistan Glass Industries Limited (respondent No.3). The said concern was closed down under Standing Order 11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. It happened in 1974. The registration of the petitioner/appellant was cancelled in 1976 on the ground that it had ceased to exist, after the respondent No.3, was closed. An application has been filed by the respondent-side…
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