Law:

Section:

(a) Industrial dispute-- ---"Stay order"--Temporary injunction"--Distinction--Stay order comes into effect the moment it is passed whereas injunction order takes effect on service upon party concerned. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 8, 14, 15 & 22-B--Unfair labour practice--Complaint for--Locus standi-­Workers Union filing complaint against employer before National Industrial Relations Commission--Registration of Union as CBA challenged before Labour Appellate Tribunal with prayer for (i) stay and direction to Registrar not to give effect to his order of registration and (ii) direction to complainant union not to act as CBA pending final decision of appeal before Appellate Tribunal--Prayer already granted by Appellate Tribunal--Contentions that (i) order of Labour Appellate Tribunal was not binding upon NIRC and (ii) stay order passed by Appellate Tribunal having not been served upon complainant union complaint filed by it could legitimately be continued and stay and injunction orders are synonymous and produce same results and (iii) a registered trade union being a body corporate by name under which registered shall be competent to sue or be sued by such name as envisaged by S. 14 repelled and complaint dismissed as incompetent--Held: Order of Labour Appellate Tribunal though not binding on NIRC same ws binding on parties to case--Stay order comes into effect the moment it is passed hence registration of complainant union stood suspended as soon as Appellate Tribunal passed stay order and complaint filed thereafter was not competent--Union which is not registered or whose registration had been suspended could not sue as such under S. 14. Haji Khalil v. Javed Ahmed 1983 S C M R 869 rel. Complainant in person. M. Bashir Awan for Accused. ORDER This complaint has been filed by Abasin International Workers Union claming to be CBA, through its General Secretary Badaruddin against the used for an offence punishable under section 15(1) (d) (1) and (2) of the I.R.0. for having induced the complainant to dissolve the union and give up activities thereof and terminate the services of the officers and members of the union due to formation…

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