| Citation(s) |
|---|
| 1999 SLG 863 1999 SLD 863 1999 PLC 286 |
Labour Appellate Tribunal, N.W.F.P.
Appeal No. 75 of 1995, decision dated: 16-02-1998.
JUSTICE MIAN MUHAMMAD AJMAL, CHAIRMAN
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Appeal No. 75 of 1995, decision dated: 16-02-1998.
JUSTICE MIAN MUHAMMAD AJMAL, CHAIRMAN
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PAKISTAN TOBACCO BOARD MUTTAHIDA WORKERS UNION
VS
REGISTRAR TRADE UNIONS, BENEVOLENT FUND BUILDING, PESHAWAR CANTT and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2(xiv), (xxviii), 10 & 11---Pakistan Tobacco Board Ordinance (1 of 1968), S. 6---Industrial dispute---Cancellation of registration of Trade Union---Appeal---Labour Court cancelled registration certificate of trade union on the complaint of Registrar, Trade Unions under S.10, Industrial Relations Ordinance, 1969 on ground that Pakistan Tobacco Board wherein the union was established, was not an industrial and commercial organization, but in fact was a research institution and its employees were not workers within meaning of S.2(xiv) & (xxviii) of Industrial Relations Ordinance, 1969---Validity---Pakistan Tobacco Board created by Pakistan Tobacco Board Ordinance, 1968, was a statutory body and under S.6 of said Ordinance functions of Board were to, undertake research for improvement and development of tobacco industry and to render advice to tobacco growers---Said Board had no show room, shop or industry and it did not sell anything---Employees of Board were governed by their gazetted rules and cess was imposed by Federal Government to meet financial expenditure of the Board---Board which was a research oriented organization, was not an industry and its employees could not be termed as workers--Registration certificate of trade union, was rightly cancelled by Labour Court on complaint filed by Registrar, Trade Unions in circumstances. K.G. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court Northern Zone and 6 others PLD 1976 Lah. 1097 and Pakistan Central Cotton Committee, Karachi v. The Presiding Officer, Labour Court No. III, Lyallpur Writ Petition No.74 of 1976 ref. Fazli Rabbi Dar for Appellant. Respondent No. l in person. Nisar Ahmad Khan for Respondent No.2 JUDGMENT This appeal is directed against the order dated 13-11-1995 of the learned Presiding Officer, Labour Court, Mardan whereby he accepted the complaint of respondent No. l under section 10 of the Industrial Relations Ordinance, 1969 and recalled the registration of the appellant with the observation that employees of PTB may form an association if permissible under any other law…
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