Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Factual controversies could not be determined by High Court in exercise of its Constitutional jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 7---Registration of Trade Union---Essentials---Workers who had formed Union, unless were actually employed in establishment with which they were concerned, Trade Union formed by them would not be entitled to registration---Fact of non-employment of workers having been pointed out to Registrar Trade Unions, it was incumbent upon him to make proper enquiry into the matter---No such enquiry having been conducted, by Registrar, he was directed to conduct the required enquiry and to act in accordance with law after he was satisfied that Trade Union had been registered in contravention of Industrial Relations Ordinance, 1969. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 6---Formation of Trade Union---Trade Union could be formed by employees of an establishment or industry---No restrictions, whatsoever, are contained in Industrial Relations Ordinance, 1969, in regard to formation of such Trade Unions. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 3(a), proviso---Proviso to S.3(a), Industrial Relations Ordinance, 1969, does not permit workmen to be members of more than one Trade Union at any one time but in such case although Registrar can be moved to lodge a complaint with Labour Court, yet mere fact that Trade Union concerned had some of its members who were always members of another Union could not render registration of such Union to be illegal or void ab initio. (e) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction---Mixed question of law and fact could not be agitated before High Court in exercise of its Constitutional jurisdiction. Munawar Malik, Abdul Hameed Puri and Rehan Aqeel for Petitioners. AA. Mohammadally, Addl. A.-G. for Respondents. Date of hearing: 23rd February, 1992. JUDGMENT These petitions are being disposed of by a common judgment as common questions of law have been raised therein. 2. The case of the petitioner in Petition No…

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