Case Details

Citation(s)
1989 SLG 2038 1989 SLD 2038 1989 PLC 960
Labour Appellate Tribunal, Punjab
Revision No. MG-359 of 1987/Pb., decided on 26th June, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR LORAN LODHI, APPELLATE TRIBUNAL
Aqa Asif Jaffary for Appellant. Anwar Awan for
Respondents.

MAZDOOR ITTEHAD UNION MAHMOOD TEXTILE MILLS LTD

VS

REGISTRAR OF TRADE UNIONS, DERA GHAZI KHAN REGION and others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 7(2)(a). (b) & 38(3)--Non-registration of Trade Union--Validity of-­Essentials for registration of Trade Union--Requirement of law for registration of Trade Union would be that members thereof, should be one-Fifth of the total strength of the establishment--Union could not be registered without having its office-bearers--Where workers themselves had left service, they could not remain members of Union of which, in the beginning they had become members or office-bearers--Officer-holders of Union who were out of service, could not be registered--When petitioner-Union was allowed to elect other office-bearers, question of registration would arise from date of such election and not deemed to be continuing from date of previous election. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 23--Deduction of Union subscription by check off system--Procedure. The provision of deduction of union subscription by check off system is provided in section 23 of the Industrial Relations Ordinance, 1969. According to subsection (2) of section 23, the employer is bound to deposit within fifteen days of the end of the period for which he has deducted the subscription the entire amount so deducted by him in the account of the trade union on whose behalf the deduction has been made. The provision of subsection (2)(a) is that the collective Bargaining Agent shall maintain with a branch of the National Bank of Pakistan or with a Post Office Savings Bank, an account to which shall be credited the entire amount deducted by the employer under subsection (1) from the wages of the members of the trade union. One of the provisions of subsection (1) is that the approval of each individual workman from whose wages subscription is deducted shall be taken. JUDGMENT The two revisions captioned above emerge from the order dated 25-ti-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the appeal of Mazdoor Ittehad Union Mahmood Textile Mills Limited, Muzaffargarh (hereinafter described as the petitioner) has been dismissed. Since certain points have been decided by the learned lower…
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