Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 8,7

Industrial Relations Ordinance (XXIII of 1969) Ss. 7 & 8 Constitution of Pakistan (1973), Art. 199 Constitutional petition Registration of Trade Union Order of Registrar Trade Unions was assailed by employer, whereby trade union was registered Order of registration of trade union was passed in slipshod manner without application of mind by the Authority to the facts of the case as well as the provisions contained in Ss. 7 & 8 of Industrial Relations Ordinance, 1969 Validity Authority was supposed, to pass speaking order clearly indicating the application of mind supported by cogent reasons so that the reader might come to know as to how the issues involved and questions raised by the parties concerned were dealt with Where such procedure was not followed, case was remanded for decision afresh. Essa Cement Industries Workers' Union v. Registrar of Trade Unions, Hyderabad Region, Hyderabad and 4 others 1998 SCMR 1964 = 1998 PLC 500 distinguished. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against the order dated 28 12 1997, whereby the respondent No. 1 had registered the respondent No.3 as Trade Union under section 8 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as I.R.O. 1969). 2. Briefly stated the respondent No.3 submitted application for registration of Trade Union on 24-7-1997 and objections were filed by the petitioner on 8 8 1997 wherein it was stated that, the members of the respondent No.3 were not employees of the petitioner as they were employees of the contractor M/s. Siddiqui Sons appointed by the petitioners. It was also revealed that those employees were paid, supervised and controlled by the said contractors. According to the learned counsel for the respondents the General Secretary of the respondent No.3 Ali Kazim on behalf of the management participated in the enquiry which was conducted by the Deputy Director Trade Unions on behalf of the Registrar and on the basis of his report the respondent No. 1 submitted his report on 11-12-1997 which is available in the minute sheets of the file maintained by the office of the Registrar. Para. 47 of the…

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