Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)S. 10Constitution of Pakistan (1973), Art. 199Constitutional petition LachesRespondent union was registered and requisite certificate of registration was issued by Registrar, Trade Unions on 1421972­Petitioner establishment's application to Registrar with request to move Labour Court for cancellation of registration of respondent union was made on 5121995Rejection of such applicationValidityPetitioner had throughout accepted and recognised the registration and status of respondent as Trade Union since its inception in 1972Petitioner, after about quarter of a century, could not turn round and challenge validity of registration of respondent as Trade UnionConstitutional petition was, thus, hit by doctrine of (aches which is based upon the maxim that equity aids, vigilant and not those who sleep over their rights. Mukhtar Ahmad and others v. Noor Muhammad PLD 1991 Lah. 282 rel. Livestock Employees' Union and others v. Government of Balochistan, Livestock Department through Secretary, Quetta and others 1996 SCMR 1399; Managing Committee, Punjab Club, Lahore v. The Registrar of Trade Unions, Lahore Region, Lahore and another 1993 PLC 543; Employees' OldAge Benefit v. National Industrial Relations Commission and others 1988 SCMR 765 and K.G. Old v. Presiding Officer PLD 1976 Lah. 1097 ref. (b) QanuneShahadat (10 of 1984) Art. 114EstoppelPrinciple ofApplicabilityRegistration of Trade Union sought to be cancelled after twentyfive years of its registration­EffectPast conduct of petitioner whereby it had entered into negotiations with such union and entered into settlements with the same, would lead to irresistible conclusion that petitioner by its conduct, declarations and representations had acquiesced in legal status and character of such union and, thus, had waived right to challenge the same. Ocean Industries Limited and others v. Industrial Development Bank PLD 1966 SC 738; Mool Raj and others v. Janeshwar Lai AIR 1939 Lah. 502 and AIR 1924 Cal. 438 ref. (c) Industrial Relations Ordinance (XXIII of 1969) Ss. 54, 55 & 10Constitution of Pakistan (1973), Art. 199­Constitutional petition Mala fidesRespondent…

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