Case Details

Citation(s)
1990 SLG 1363 1990 SLD 1363 1990 PLC 351
Sindh High Court
Constitutional Petition No. S-17 and Miscellaneous Application No. 40 of 1989.
SYED HAIDER ALI PIRZADA, J
Suleman Habibullah for Petitioner. Abdul Ghafoor Mangi, Asstt. A.G., Sindh for
Respondent No. 1. Akram Shahbaz for
Respondent No. 2.

Messrs KHAS TRADERS

VS

REGISTRAR, TRADE UNIONS and another Messrs KHAS TRADERS vs REGISTRAR, TRADE UNIONS and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 7---Constitution of Pakistan (1973), Art. 199---Trade Union---Trade Union was registered after Registrar, found after inquiry that case was in conformity with S.7(1)(d) of Industrial Relations Ordinance---Employer took exception to registration of Trade Union and raised certain allegations regarding entry of outsiders in union but all these allegations were denied by union---Contention of employer that registration of union was illegal for reason that it did not have as its members 1/5th of total number of employees with employer and that Registrar issued certificate in violation of S. 7(1)(d)---Arguments advanced on behalf of employer that union was not a legally registered Trade Union was neither supported by any evidence on record nor by any rule or law---Certificate of registration issued by Registrar to Trade Union was conclusive evidence of fact that Union had been duly registered under Ordinance after satisfying conditions laid down by S. 7---Allegations of employer were repelled and it was held that employer had no locus standi to challenge registration of Trade Union--Remedy against registration of Trade Union being available in Ordinance, interference of High Court in exercise of Constitutional jurisdiction was uncalled for. Karachi Road Transport Corporation Workers' Union v. Registrar of ` Trade Unions and 4 others 1983 P L C 417; Landale and Morgan (Pakistan) Ltd., Narayanganj v. The Chairman, Jute Board, Dacca and another 1970 S C M R 853; Abdul Jamil v. Registrar of Trade Unions, West Pakistan, Lahore and another P L D 1971 Lah. 220; Bata Shoe Company (Pakistan) Ltd., Karachi v. Registrar of Trade Unions of Sind and 2 others P L D 1978 Kar. 567 and Tariq 'Transport Company, Lahore v. The Sargodha-Bhera Bus Service, Sargodha and 2 others P L D 1958 S C (Pak.) 437 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 7---Trade Union---Registration---Trade Union seeking registration must state its object and purpose for which general funds of union are to be used. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 7---Constitution of Pakistan (1973), Art. 199---Trade Union…
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