| Citation(s) |
|---|
| 1992 SLG 936 1992 SLD 936 1992 PLC 715 |
Sindh High Court
Constitutional Petition No. S-33 of 1990, decided on 15thMay, 1990.
SYED HAIDER ALI PIRZADA, J
Constitutional Petition No. S-33 of 1990, decided on 15thMay, 1990.
SYED HAIDER ALI PIRZADA, J
PAKISTAN STEEL PEOPLES WORKERS UNIONvsREGISTRAR OF TRADE UNIONS, KARACHI and 6 othersPAKISTAN STEEL PEOPLES WORKERS UNIONvsREGISTRAR OF TRADE UNIONS, KARACHI and 6 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Establishment---Various Offices of Corporation located at different places in the country, whether constituted one "establishment"---Material on record showed that various offices of corporation, though located in different parts of country had unity of ownership, unity of management, supervision and control, unity of finance and employment, unity of labour and conditions of service of workmen; thus, only fair conclusion from facts proved was that regional offices of corporation formed one "establishment". Muhammad Aqil v. Chairman, Sindh Labour Appellate Tribunal and another 1974 PLC 194; The Associated Cement Companies Ltd., Chaibasa Cement Works, Jhinkpani v. Their Workmen AIR 1960 SC 56; In re: Application of Pakistan Spenser's Employees' Union 1977 PLC 20; In re: Application of Sui Northern Gas Workers' Union, Lahore 1977 PLC 167; Grindlays Bank (Lloyds Branch) Employees' Union v. Registrar, Trade Unions, Lahore Region, Lahore 1980 PLC 800; Messrs Jang Publications Ltd. v. Registrar of Trade Unions, Sindh and another PLD 1984 Kar.292; PLD 1981 Kar. 357 and PLD 1981 SC 531 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 8---Acquiescence, doctrine of---Applicability---Industry-wise trade unions---Holding of referendum by Registrar, Trade Unions ---Jurisdiction--Petitioner-union objecting to jurisdiction of Registrar to hold referendum, participated in referendum proceedings and agreed to contest referendum without any objection---Petitioner-union having participated in referendum proceedings, doctrine of acquiescence would apply. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22---Registrar's jurisdiction to entertain any application for holding referendum before expiry of period of two years from date petitioner-union was certified to be Collective Bargaining Agent---Word "entertain" used in S.22, Industrial Relations Ordinance, 1969, would mean not merely filing of application or initiation of proceedings but would mean "adjudicate upon" or proceed to consider on merits---Word "entertain" would not mean same thing as filing of application or admission of…
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