Case Details

Citation(s)
1997 SLG 857 1997 SLD 857 1997 PLC 547
Labour Appellate Tribunal, Sindh
Application No. KAR-508 of 1996, decision dated: 31st October, 1996.
MUSHTAQ ALI QAZI, APPELLATE TRIBUNAL

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FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD., EMPLOYEES UNION (REGD.) AND C.B.A. through GENERAL Secretary

VS

FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD., KARACHI through Deputy Manager (Administration) and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)Ss. 26 to 33 & 35(5)Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2Interim injunction, grant ofJurisdiction of Labour Court­Pending conciliation proceedings before conciliator, application for grant of interim injunction were filed by employer under O. XXXIX, Rr. 1 & 2 read with S. 151, Civil Procedure CodeLabour Court fully assuming character of a Civil Court without considering procedure as laid down for negotiation relating to differences and disputes and raising of an industrial dispute by parties under Ss. 26 to 33 of Industrial Relations Ordinance, 1969, granted interim injunction under Civil Procedure CodeLabour Court had no power to issue interim injunction either restraining Registrar of Trade Unions and Director of Labour from exercising their legal powers or Collective Bargaining Agent from performing its functions under Industrial Relations Ordinance, 1969. Brooke Bond Pakistan Limited v. Sindh Labour Court, Karachi 1973 PLC 111; PLD 1978 Kar. 612 and National Bank of Pakistan Employees Front v. Third Sindh Labour Court, Karachi 1980 PLC 339 ref. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 8, 10 & 35(5)Registration of trade unionCancellationMode of procedureNo application for cancellation of registration of Collective Bargaining Agent (C.B.A.) under S. 10 of Industrial Relations Ordinance, 1969 having been made to Registrar of Trade Unions for filing a complaint before Labour Court, Labour Court could not suo motu stop the registered union from workingRegistration Certificate of a union could only be cancelled in the manner prescribed under S. 10 of Industrial Relations Ordinance, 1969 and even an order of National Industrial Relations Commission. (N.I.R.C.) cancelling registration of union was not maintainableProvisions of S. 10 of the Industrial Relations Ordinance, 1969 could not for any reason be superseded. Shafiq Quraishi for Applicant. Qamaruddin Hassan for Respondent No. 1. Nemo for Respondents Nos. 2 and 3. Date of hearing: 31st October, 1996. DECISION An industrial dispute has been raised between Fau1i Oil Terminal and Distribution Co. Ltd. Employees' Union…
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