| Citation(s) |
|---|
| 1992 SLG 853 1992 SLD 853 1992 PLC 526 |
Labour Appellate Tribunal, Sindh
Revision Application No. KAR-498 of 1991, decided on 22nd January, 1992.
AGHA ALI HAIDER, APPELLATE TRIBUNAL
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Revision Application No. KAR-498 of 1991, decided on 22nd January, 1992.
AGHA ALI HAIDER, APPELLATE TRIBUNAL
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PAKISTAN SEAMENS UNION, KARACHI and 14 others
VS
PAKISTAN SEAMENS UNION, KARACHI and 14 others vs
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- "----S. 8(7)---Registration of Trade Union---Appeal---Competency---Appeal to Labour Court in relation to dispute over change of officers of a Trade Union, would not lie only where Registrar refused to accept change and alteration, but would also lie in case of acceptance of such change. Asmat Javed President of PIA Employees' Union v. Rafiq Ahmed and another 1979 PLC 96; Shaikh Mazhar Hussain , hah v. Registrar of Trade Unions 1980 PLC 908; 1980 PLC 219 and Shamsur Rchman and others v. Presiding Officer, Labour Court No. I and 19 others 1982 PLC 74 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.8 & 22---Registration of Trade Union---Collective Bargaining Agent--Determination---Two Registered Trade Unions were working in establishment and for determination of Collective Bargaining Agent elections were duly held with consent of rival unions---Selection of Chairman of Election was not opposed, nominations were filed and there were meetings between parties to thrash out various details on conduct of elections---Elections were held in strict conformity with Union's Constitution---Entire process from commencement of election process upto announcement of result was free from any taint and every step taken during that period was with consensus of two panels---After announcement (if result in which appellant union was declared successful, respondent/defeated union raised certain objections regarding voting list alleging that certain persons who participated in casting votes were not members of union and filed appeal before Labour Court for cancellation of election result and Labour Court accepted appeal and ordered fresh election holding that elections were not fair and impartial---Contesting/defeated union had participated in all proceedings including ballotting of votes without slight murmur or complaint and without raising any objection regarding voters' list--Contesting union, in circumstances could not make grievance at later stage--Order of Labour Court passed in appeal for cancellation of election result and holding fresh election suffered from misapprehension and incorrect…
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