Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ----Ss. 8-A, 22-A & 53---Dismissal of office-bearers of Trade Union during pendency of registration---Trade Union presented application before Registrar for its registration which was accepted and it was duly registered---During pendency of application for registration, as many as nine office-bearers of union were removed from service by employer without obtaining permission of Registrar---Complaint was filed against illegal act of employer which was resisted on ground that complaint, if any, would lie before National Industrial Relations Commission (N.I.R.C.) and not before Labour Court---Offence committed by employer fell under S.53(1) of Ordinance, 1969 which could not be tried by N.I.R.C. in view of bar contained in S.22-A(8)(f)(i) of Ordinance, but could be tried by Labour Court under S.22(a)(12) of same Ordinance--­Contention of employer thus was repelled in circumstances. Muhammad Rehan Aqeel for Informants. Abdul Majeed, Representative for Respondents. Date of hearing: 11th May, 1992. DECISION Information under section 38(3-a), I.R.O. has been laid before this Tribunal against the order of Labour Court No. V at Karachi, dated 28-4-1991, dismissing the application filed by the Informants, challenging its jurisdiction to take cognisance of a complaint and proceed against them for an offence under section 8A read with section 53, I.R.O. 2. The basis of the complaint was that the Employees Union of Ghandhara Nissan (Pvt.) Ltd. and Daihatsu Motors Pakistan (Pvt.) Ltd., Karachi was formed on 3-3-1989 and an application had been presented before the Registrar of Trade Unions, Karachi, for its registration on 4-3-1989 which came to be duly registered on 29-8-1989. 3. This step taken by the employees was resented by the employers ­during the pendency of the registration, to be précised on 1-8-1989, nine office-bearers of the Union were removed from service, and that too without obtaining the permission of the Registrar of Trade Unions. This constituted, according to the complainant, a breach of section 8-A of the I.R.O., which was punishable under section 53(1) of I.R.O. thereof. 4. A preliminary objection had…

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