| Citation(s) |
|---|
| 1989 SLG 1504 1989 SLD 1504 1989 PLC 700 |
Labour Appellate Tribunal, Sindh
Application NoXAR-72 of 1989, decided on 7th March. 1989„
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Muhammad Ashraf Khan for Applicant. Mukhtar Ahmad for
Respondent No. 1.
Application NoXAR-72 of 1989, decided on 7th March. 1989„
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Muhammad Ashraf Khan for Applicant. Mukhtar Ahmad for
Respondent No. 1.
MUHAMMAD HANIF
VS
AMIR MUHAMMAD BALOCH and 2 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 8, 36 & 38(3-a)--Ad interim order--Revision--Grant of interim relief-- Discretion of Trial Court if not exercised capriciously or arbitrarily, should not be lightly interfered with by Appellate Court--Election dispute--Applicant before Appellate Tribunal declared in election as General Secretary of union and election confirmed by Registrar--Respondent who also contested election challenged elections on grounds inter alia that notice of election was not given sufficiently in advance to enable all members to exercise right of vote--Labour Court accepting such grounds to be prima facie good for ad interim order confirmed stay order against applicant--Order of Labour Court challenged in revision--Applicant elected General Secretary in previous election also and as such to continue to hold that office till replaced in new election--No I inconvenience likely to be caused to applicant if order of Labour Court was not interfered with--Held: Scope of revision being limited interference, was declined by the Appellate Tribunal. DECISION This is a revision application under section 38(3-a) of the Industrial Relations Ordinance, 1969, against an order, dated 24-1-1989 passed by the learned Presiding Officer, Sind Labour Court No.V at Karachi. 2. Admitted facts leading to this revision application are that the elections of Pakistan Seamens' Union were held on 31-10-1988 in which the applicant as well as respondent No.l had contested the election of General Secretary. The applicant was declared to be elected as General Secretary and the elections were confirmed by the Registrar Trade Unions who is respondent No.3, on 27-11-1988. 3. The main ground on which the respondent had challenged the elections and its result is that the notice of election was not given sufficiently in advance to enable all the members of the union to exercise their right of vote; that the list of voters was supplied to the respondent No.l only one day before the elections; that in the elections, bogus votes of dead persons were cast; and that the final results were not signed by the candidates or their agents. Accepting these grounds to be prima…
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