Case Details

Citation(s)
1996 SLG 569 1996 SLD 569 1996 PLC 549
Labour Appellate Tribunal, Punjab
Revision Petition No. FD-567 of 1995, decision dated: 14-03-1996, hearing DATE : 13-03-1996
MIAN GHULAM AHMAD, APPELLATE TRIBUNAL

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IMDAD AWAN, PRESIDENT, CRESCENT TEXTILE MILLS WORKERS .UNION; FAISALABAD and others

VS

REGISTRAR OF TRADE UNIONS, FAISALABAD and others IMDAD AWAN, PRESIDENT, CRESCENT TEXTILE MILLS WORKERS .UNION; FAISALABAD and others Vs REGISTRAR OF TRADE UNIONS,

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8(7) & 38(3-a)---Fresh election of trade union---Petitioners in election duly held in establishment were chosen as office-bearers of workers' union, election was approved by Registrar, Trade Union and term of 'office of chosen office-bearers was two years---Later on some unauthorised office-bearers in fictitious meeting of General Body of Labour Union, carried no-confidence motion against duly chosen office-bearers and in the light of such move Labour Court directed Registrar, Trade Unions to hold fresh election---Labour Court, no doubt, could order fresh election in good faith to bring an end to the tug-of­ war between the rival factors, but in case where duly elected office-bearers were to hold office for two years and unless lack of trust. was exhibited against them through a genuine and transparent move, they could not be stopped , from operating as duly elected representatives of Labour Union---Order of Labour Court directing holding fresh election, was set aside, in circumstances. JUDGMENT By way of the present revision petition has been called in question soundness of an order dated 11-12-1995, rendered by the Punjab. Labour Court No.4, Faisalabad, directing fresh election of the office-bearers of the Crescent Textile Mills Workers' Union, Sargodha Road, Faisalabad, to be held by the Registrar of the Trade Unions, Faisalabad Region, Faisalabad, under his supervision, within a fortnight. 2. In the election held on 2-1-1995, the petitioners, Imdad Awan, Shabbir Ahmad Awan and Riasat Ali Awan, were chosen as the President, Senior Vice ­President and the Finance Secretary of the Workers'. Union of Crescent Textile Mills, and the same approved by the Registrar on 2-6-1995. The term was stated to be two years, so that-the next election was due in January, 1997. 20 members of the union reportedly expressed lack of confidence as regards independence and .integrity of the President, the Senior Vice-President and the Finance Secretary, whereupon Rana Talib Hussain, General Secretary, on 12-10-1995, convened a meeting of the General Body of the Union for 15-10-1995.. As many as 195 members participated…
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