| Citation(s) |
|---|
| 1998 SLG 1235 1998 SLD 1235 1998 PLC 122 |
Sindh High Court
High Court Appeal No. 116, Civil Miscellaneous Application No.612 of 1997, decision dated: 31st October, 1997.
MRS. MAJIDA RAZVI AND SAIYED SAEED ASHHAD, JJ
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High Court Appeal No. 116, Civil Miscellaneous Application No.612 of 1997, decision dated: 31st October, 1997.
MRS. MAJIDA RAZVI AND SAIYED SAEED ASHHAD, JJ
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Messrs HAKIM AND SONS CHEMICALS
VS
REGISTRAR OF TRADE MARKS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 7---Registration of Trade Union---Employer was not required to be associated or participate in any inquiry or investigation which was to be undertaken by Registrar for verification of certain facts relevant for registration of Trade Union. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. Os. 1, 2-A & 12(3)---Non-issuance of termination letters to employee--Effect---Term "daily worker" being not in category of workmen as defined in the Ordinance, every worker employed in establishment to which Standing Orders Ordinance. 1968 was applicable would necessarily be covered by any one of the categories of "workman" enumerated in S.O. 1---Establishment was legally required to issue letters of termination containing specific reasons for termination of services of such workers---In absence of such letters of termination, Registrar was justified in holding such workers to be in the employment of establishment for purposes of forming trade union CIBA Geigy (Pak) Ltd. v. Registrar, Trade Unions and others Civil Petition No. 55 of 1990; M/s. Ghee Corporation of Pakistan v. Registrar, Trade Unions and others 1991 PLC 207; Idara-e-Kissan v. Registrar, Trade Union and others 1995 PLC 134 and Muhammad Yaqoob v, .The Punjab Labour Court No. 1 and others 1990 SCMR 1539 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction--- Locus standi to invoke---Essentials---Persons for invoking Constitutional jurisdiction of High Court were required to show that no other adequate, alternate and efficacious remedy was available to them under law---Appellants' statement in Constitutional petition that no alternate, adequate and efficacious remedy was available to them was contrary to provision of S. 10, Industrial Relations Ordinance, 1969, on basis whereof, they could file complaint in writing before Labour Court for cancellation of registration of Trade Union---Constitutional jurisdiction would be declined in favour of that party who had not exhausted remedy available to him before…
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