| Citation(s) |
|---|
| 1999 SLG 869 1999 SLD 869 1999 PLC 312 |
Sindh High Court
Constitutional Petition No.S-195 J 1997, heard on 1st March, 1999.
SARMAD, JALAL OSMANY, J
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Constitutional Petition No.S-195 J 1997, heard on 1st March, 1999.
SARMAD, JALAL OSMANY, J
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Messrs FORBES FORBES CAMPBELL & CO. (PVT.) LTD.
VS
REGISTRAR OF TRADE UNIONS and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Registrar of Trade Unions had issued a certificate of registration to the seamen on the roster of the petitioners, who were waiting for their employment---Validity---Employer had no participation either in an active or passive role as the entire matter was between the workers and the Registrar of Trade Unions---Employer could neither invoke the provisions of S.10, Industrial Relations Ordinance, 1969, nor for that matter S.11 as the same provided for appeals emanating from S.10 of the Ordinance---Held, Constitutional petition, however, could not be dismissed merely on the ground that certificate issued by the Registrar could only be cancelled by having recourse to S.10, Industrial Relations Ordinance, 1969-Constitutional petition was maintainable in circumstances. Quetta Municipal Corporation through Administrator and another v. Registrar, Trade Unions, Balochistan and Manpower, Quetta and 3 others 1995 PLC 151; Shama Zari Industries (Pvt.) Ltd. v. Registrar of Trade Unions, Sindh and 3 others 1992 PLC 733; Vera and others v. Messrs Kazi & Kazi Ltd. and others PLD 1990 SC 435 and Bata Shoe Co. (Pvt.) Ltd. v. Trade Union of Sindh and 2 others PLD 1978 Kar. 567 rel Messrs Pak Land Cement Ltd. v. Registrar of Trade Unions 1994 PLC 177; Muhammad Shakeel, Meter Reader, WAPDA v. Registrar of Industrywise Trade Unions, National Industrial Relations Commission and others 1995 PLC 306 and Ali Sher and 2 others v. Registrar of Trade Unions and others 1983 PLC 171 distinguished. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Where the law does not provide for any appeal to an aggrieved person from the order of a judicial or quasi, judicial authority, Constitutional jurisdiction of High Court can be invoked. (c) Industrial Relations Ordinance (XIII of 1969)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---" Aggrieved person"---Certificate of registration was issued by Registrar of Trade Unions, to the seamen…
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