Law: Constitution of Pakistan, 1956

Section: 58(2),98,131(2)

Law: Industrial Disputes Ordinance (LVI of 1959)

Section: 5(4),12(5),2(h),5

Law: East Pakistan Trade Unions (Recognition) (Third) Ordinance, 1958

Section: 3

Law: Trade Unions Act, 1926

Section: 22(2),13,28B

Trade Unions Act (XVl of 1926), ,S. 28-D read with Industrial Disputes Ordinance (LVI of 1959), S. 34-Un-recognised Trade Union, though registered, has no locus standi to raise an industrial dispute on behalf of its members or to take it to Industrial Court­ East Pakistan Trad., Unions (Recognition) (Third) Ordinance (LIX of 1958), S. 2 (4). , Held, that a Union having ceased to occupy the character of a recognised Union, had no locus standi, either to raise an industrial dispute, on behalf of its members, or to take it to the Industrial Court. In the instant case the position that had emerged was that even if the amended provisions of the Trade Unions Act contained in Chapter III-A could not be invoked by the employers in view of the fact that the appellant-Union was registered in 1949 and continued in existence ever since then, and its previous recognition by the employers under the East Pakistan Ordinance LIX of 1958, was not affected by the new law, then also, the duration of the agreement having expired, the appellant-Union lost its capacity to represent the workers for the purposes of raising an industrial dispute. Its only right conceivable could be, as a registered Union, to represent a workman who may be a party to an industrial dispute, by virtue of section 34 of the Industrial Disputes Ordinance, 1959. But to attract that provision, a "dispute" requires to have been raised by a workman himself and not by the Union on his behalf, as in the instant case. JUDGMENT S. A. RAHMAN, J.-The appellant, the Chittagong Mercantile Employees' Association, sought a writ from the High Court at Dacca under Article 98 of the Constitution for quashing an order passed by the Industrial Court of East Pakistan. The petition was dismissed by the High Court, but a certificate was granted under Article 58 (2) of the Constitution because the case involved a substantial question of law as to the interpretation of the Constitu­tion. This appeal has, consequently, been filed on the basis of that certificate, and, along with the Memorandum of appeal, a petition has also been submitted to this Court for permission to raise other points in the case, which are not covered by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492