Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)S. 8Constitution of Pakistan (1973), Art. 199Constitutional petition LachesEffectRegistration of trade unionPetitioner ­Authority's application for cancellation of registration was dismissed by. Registrar on 1671991Constitutional petition against said order of Registrar was filed on 14101993 i.e. with inordinate delay of two years and three monthsNo plausible explanation had been given with regard to delay in approaching High CourtConstitutional petition, thus, suffered from laches and deserved to be dismissed. 1996 SCMR 1399; 1997 SCMR 66; 1988 SCMR 765; PLD 1992 SC 127; PLD 1989 SC 152; 1987 PLC 180; 1989 PLC 605 and 1992 PLC 575 ref. (b) Constitution of Pakistan (1973) Art. 199Constitutional petition Mala fidesPlea of mala fides in filing Constitutional petitionEssentialsThree Trade Unions were formed in the EstablishmentAuthority did not make application for cancellation of those two Trade Unions which were reputed to be pocket Trade Unions formed with blessings of AuthorityAuthority had moved only against contesting Trade UnionAuthority though heading Government Establishment did not move Government for filing Constitutional petition but engaged his own counsel and paid him out of his own pocketHead of the Department on Court's summoning informing it that no permission had been sought in filing Constitutional petitionConstitutional petition having been filed mala fide deserved to be dismissed on that score alone. (c) Rules of Business (Punjab) R. 17(1) & Sched. IIConstitution of Pakistan (1973), Arts. 139 & 199Constitutional petitionCompetency to fileConstitutional petition was filed by Authority by engaging private counsel paying him out of his own pocket against registration of Trade Union without permission of Law Department to engage private counselRules of Business of Punjab Government framed under Art. 139 of the Constitution provide that proceedings in Courts of law could be instituted .and defended on behalf of Government or Government Officers with permission of Law Department, therefore, engagement of private counsel by public servant without permission of Law Department was not legal…

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