| Citation(s) |
|---|
| 2000 SLG 1630 2000 SLD 1630 2000 PLC 438 |
Labour Appellate Tribunal, Sindh
Suo Motu Cognizance Notice No.1 of 1999,decided on 23rd October, 1999
DR. TANZIL UR REHMAN, CHAIRMAN
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Suo Motu Cognizance Notice No.1 of 1999,decided on 23rd October, 1999
DR. TANZIL UR REHMAN, CHAIRMAN
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Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969) S. 49(1) Word "a" used as prefix to "workman" and to "collective bargaining agent" m S.49(1) Connotation Word "a" used as prefix to "Collective Bargaining Agent" in S.49(1) of Industrial Relations Ordinance, 1969, should not be given a restrictive meaning in "the" Collective Bargaining Agent to which worker was a member Opening words "a workman" in S.49(1) of the Ordinance would also mean "any worker". (b) Interpretation of statutes One word used at more than one place in same section and in same context could not convey two different meanings, unless context would mean otherwise. (c) Industrial Relations Ordinance (XXIII of 1969) S. 49 Representation of parties Person who was an officer of any Collective Bargaining Agent of a registered trade union, could represent a worker provided he was duly authorised by the worker and his authorisation was authenticated before Registrar of Trade Unions and that representative who claimed to be an officer of Collective Bargaining Agent would produce a certified copy in respect thereof issued by Registrar, Trade Unions in any proceedings before Labour Court or the Tribunal If the representative ceased to be an officer of Collective Bargaining Agent, he would intimate the Court concerned. ORDER An Appeal bearing No.KAR 165 of 1999 under ion 37 of Industrial Relations Ordinance, 1969 came up before this Tribunal on 1 10 1999 for Katcha Peshi. Mr. Siddque Malik appeared as representative for the Appellant. On the querry by this Court as to the legal capacity under which he represented the appellant he stated that he is the General Secretary of the Port Qasim Workers Union. The appellant, on querry by this Tribunal submitted that he is worker in Mughal Works, Karachi, which is a private concern. The question, therefore, arose of the interpretation of Section 49 of the I.R.O., 1969; whether an office bearer of another union can represent a worker having no concerned with the establishment. 2. Mr. Siddique Malik requested for time to satisfy this Tribunal on the point in question. The matter was then adjourned to 6 10 1999, as suggested. 3. The Registrar of this Tribunal was also…
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