Case Details

Citation(s)
2000 SLG 1613 2000 SLD 1613 2000 PLC 89
Sindh High Court
Constitutional Petitions Nos. D 3186 to D 3193 of 1993, heard on 14-04-1999
SAIYED SAEED ASHHAD AND ABDUL GHANI SHAIKH, JJ

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Messer HINOPAK MOTORS LENMITED

VS

CHAIRMAN, SINDH LABOUR APPELLATE TRIBUNAL and others

Law:

Section:

(a) Industrial Relations Ordinance (XXITI of 1969) S. 8(3) Trade Union, registration of Order of Registrar, rejecting application for registration of trade union Validity Failure to file appeal against order of Registrar Trade Unions rejecting the application for registration Effect Order of Registrar of Trade Unions being a judicial pronouncement, in deciding the same principles laid down for deciding a question or issue judicially were to be followed Party aggrieved by order of rejection of trade union had to challenge such order of Registrar by way of appeal Failure to file appeal would result in accepting the verdict of the Registrar of Trade Unions and the applicant would be bound by the same. Muhammad Chiragh through L.R. Sehar Bano Bibi and others v. Dullav Khan and others PLD 1954 Dacca 134 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S. 2(xviii) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) "Worker" and "workman" Meaning Employee of a contractor, employed or engaged for the purpose of carrying out the work assigned or entrusted by an industrial establishment Status Such employee was included in the definition of "worker" apd "workman" as provided in S.2(xviii), Industrial Relations Ordinance, 1969 and S.2(i), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (c) Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.12(3) Constitution of Pakistan (1973), Art. l99 Constitutional petition Termination of employment of employees of a contractor who were employed/engaged for carrying out work assigned or entrusted to the contractor by industrial establishment Labour Court reinstated such employees without back benefits and order of the Labour Court was upheld in appeal by the Labour Appellate Tribunal Validity Employees having failed to establish that they were the employees of the industrial establishment, both the Courts below arrived at the findings in disregard and overlooking the material evidence on record Reliance was placed on inferences, surmises, and…
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