| Citation(s) |
|---|
| 1995 SLG 1030 1995 SLD 1030 1995 PLC 47 |
Sindh High Court
Constitutional Petition No. D-330 of 1993, decided on 28th September, 1994.
MAMOON QAZI AND MRS. MAJIDA RAZVI, JJ
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Constitutional Petition No. D-330 of 1993, decided on 28th September, 1994.
MAMOON QAZI AND MRS. MAJIDA RAZVI, JJ
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TELEGRAPH STORES AND WORKSHOP WORKMEN UNION, KOTRI through General Secretary
VS
REGISTRAR, TRADE UNION, HYDERABAD REGION, HYDERABAD and 4 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 7(2)---Registration of Trade Union---Validity---Registration of trade union by Registrar had been challenged by rival trade union alleging that same had been registered in contravention of S. 7(2) of the Ordinance---Registrar contended that trade union in question was registered after holding enquiry through his assistants and same was registered after he (Registrar) was satisfied that trade union could satisfy the requirements of S. 7(2) of the Ordinance---Power to Register a trade union vested in Registrar and expression as defined in the Ordinance, no doubt would not include any of his assistants but notwithstanding same, if Registrar deputed any of his assistants to hold such an enquiry on his behalf, same would be sufficient for his satisfaction and no flaw could be found in such an inquiry---Trade union, in circumstances, could not be said to have been registered in contravention of S. 7(2) of Ordinance. Ahsanul Haque Siddiqui for Petitioner. Aijaz Ali Memon for Respondent No. 1. Bashir Awan for Respondent No. 4. ORDER MAMOON QAZI, J.---The contention raised on behalf of the petitioner is that respondent No. 4 which is a trade union of workers was registered by the Registrar (respondent No. 1) in contravention of section 7(2) of the I.R.O. Section 7(2) of the I.R.O. provides as follows:-- "7(2) Without prejudice to the provisions of subsection (1), a trade union of workmen shall not be entitled to registration under this Ordinance-- (a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; and (b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishments, group of establishments or industry, as the case may be." Although there can be no cavil with the proposition that if there are two or more registered trade unions in an establishment or group of establishments, etc. then no other trade union of workmen shall be entitled to…
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