Case Details

Citation(s)
1989 SLG 1314 1989 SLD 1314 1989 PLC 450
National Industrial Relations Commission
Case No. 4 (A) (60)-K of 1988, decided on 1st September, 1988.
ABDUL AZIZ MEMON, MEMBER
M. Bashir Awan for
Respondents.

BADARUDDIN, GENERAL SECRETARY, WORKERS UNION

VS

ALLAUDDIN and 3 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 8, 14, 15 & 22-B--Registered Trade Union--Locus standi to sue or be sued-­Suspension of registration--Effect--Trade Union whose registration stands suspended loses locus standi to sue or be sued--Union praying for orders of National Industrial Relations Commission for direction to employer to avoid commission of unfair Labour practice was not competent to file petition due suspension of its registration--Petition, in circumstances, dismissed by NIRC as i incompetent. ORDER This petition has been brought by Abasin International Workers Union claiming to be CBA, through its General Secretary Badaruddin for a direction to the respondents not to induce workers to cease to be members of the petitioner union, or not to participate in the activities of the union or to terminate, retrench or dismiss workers or close down whole of the establishment and conduct their affairs in a manner calculated to avoid occurrence of unfair labour practices. 2. It is not necessary to reproduce grounds on which these directions are sought because the petition is being disposed of on technical grounds. 3. Mr. M. Bashir Awan, Advocate for the respondents submitted that registration of the petitioner union as CBA by Registrar of Trade Unions, Hyderabad was challenged before Sind Labour Appellate Tribunal, Karachi who by its order dated 6-7-1988 had granted stay with the result that the order of registration of petitioner union became in-effective, the moment the order was passed. The petitioner was as such debarred from acting as CBA till disposal of the appeal. A copy of application for stay and order passed by Sind Labour Appellate Tribunal, Karachi thereon has been placed on record. . 4. Mr. Ali Ahmed, representative for the petitioner made following submissions: (i) That the order of the Labour Appellate Tribunal is not binding on this Commission; and (ii) that stay order having not been served upon petitioner, the petition vas competently filed and can be legitimately continued. In his submission stay and injunction' are synonymous. 5. Mr. Ali Ahmed seems to have conveniently ignored the fact that although, the orders are…
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