Law:

Section:

(a) Industrial Relations Ordinance (XXIII oaf 1969)-- ---Ss.23-B & 67(2)(a)--Sind Industrial Relations Rules, 1973, R.5-­Second audit of employer establishment's accounts--Application for-­Locus standi of registered trade union (C.B.A.)--Workers' Union must have been legally constituted--Constitution of Union adopted prior to promulgation of Ordinance providing for number of office-bearers much in excess of maximum prescribed in R.5 of Industrial Relations (Sind) Rules, 1973--Such Union; held, was not legally constituted hence not competent to apply for second audit of accounts of employer establishment--Plea that such Union was protected under S.67(2)(a), was not tenable. P L D 1978 Kar. 567; 1976 P L C 203; 1964 P L C 629; 1967 PLC 156 and P L D 1966 S C 731 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.23-B & 23(p)(2)--Non-submission of accounts for audit-­Complaint for--Locus standi--Labour Department Officer not notified as Inspector of factories under Factories Act, 1934--Complaint not signed by- Registrar Trade Unions--Such complaint, held, was not competent. ORDER This is a suo motu revision application under subsection (3-A) of section 38 of Industrial Relations Ordinance, 1969, against an impugned order of acquittal of the respondents, passed by the Sind Labour Court No.l, Karachi, dated 9-7-1987, in a criminal complaint under section 25-A, I. R.O. , 1969. 2. Brief facts of the case are that respondent No.7, namely, Messrs Lever Brothers' Employees Union, was a registered trade union, having been registered on 9-10-1967 and was also granted a certificate of Collective Bargaining Agent on 16-5-1975. That respondent No.l was always recognising the respondent No.7 as a C.B.A. in the establishment and also arriving at various settlements had also introduced a check-of system under section 23 of I.R.O. 1969. That respondent No.7, i.e. the C.B.A. of the establishment had applied to the Provincial Government, under section 23-B, I.R.O. 1969, for appointment of auditors to audit the accounts of Messrs Lever Brothers (Pak.) Ltd. For the year 1982-83 and that the Provincial Government in exercise of its powers had issued a Notification…

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