Case Details

Citation(s)
1988 SLG 685 1988 SLD 685 1988 PLC 98
Labour Appellate Tribunal, Sindh
Appeal No. 176 of 1984, decided on 12th April, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Hasan Muhammad for Appellant. Mahmood A.Ghani for
Respondent.

Messrs ASIAN FOOD INDUSTRIES LABOUR UNION through its General Secretary

VS

Messrs ASIAN FOOD INDUSTRIES LTD., KARACHI

Law:

Section:

Appeal No.176 of 1984, decided on 12th April, 1987. Industrial Relations Ordinance (XXIII of 1969)-- ---S.34 read with S.25-A--Enforcement of right guaranteed or secured--Application to Labour Court--Section 34 does not apply where workman is agitating his own case or case of other workmen--Application of appellant-Union under S.34 espousing the cause of individual workmen and not any right guaranteed or secured to it, held, was not legally maintainable--Appeal dismissed. (Messrs Shamsi Cloth & General Mills Ltd. v. Shamsi Cloth & General Mills Ltd. Workers Union Appeal No. KAR-54/34 ref. DECISION This is an appeal filed by the appellant Labour Union against an impugned order, dated 26-5-1984, passed by the Sind Labour Court No. II, Karachi, who had dismissed the application under section 34 of I.R.0.1969, filed by the appellant Labour Union. 2. Brief facts of the case are that the appellant, union was the Collective Bargaining Agent of the workmen in the respondent factory which carries on the manufacturing of sweets, toffees, bubble gums and packing thereof as well as the word of loading and unloading which also carried out and for this purpose the respondents are maintaining a regular establishment of 150 workman and a temporary establishment also of about 150 workers although the nature of the work is permanent and not a single worker in the respondent's factory can be described as temporary. They further claimed that this was being done with a view to deprive the workers of their rights as a permanent workers. Further, the case of the appellant union was that it had on several occasions requested the respondent for treating the temporary workers as permanent workers but of no avail. Therefore, being aggrieved the matter was taken to the Joint Director (Labour) West Division wherein joint meetings were held between the parties but without success, hence the present petition under section 34,1.0.R.1969. 3. Respondent establishment in their reply statement had objected to the maintainability of the petition under section 34 of the I.R.O. 1969. On facts, it was admitted by the respondent establishment that there were a private limited company, but,…
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