Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 10 & 38---Constitution of Pakistan (1973). Art. 199---Registration of Trade Union, cancellation of---Appeal, maintainability of---Constitutional jurisdiction, exercise of---Appeal was filed by employer before Tribunal against order of Registrar, 'Trade Unions registering Union for workers of employer--­Application for cancellation of registration of Trade Union, could be moved only by Registrar, Trade Unions in terms of S.10(l) of Ordinance, 1969, but no such application/complaint was moved by Registrar nor any such application was moved by employer before Registrar---Tribunal, in circumstances, was not competent to entertain appeal against order of Registrar---Tribunal, haring acted beyond its powers, order passed by Tribunal in appeal was declared illegal by High Court in exercise of its Constitutional jurisdiction. M. Saleem Khan for Petitioner. ORDER The petitioner Union has invoked Constitutional jurisdiction of this Court against the decision given by Sindh Labour Appellate Tribunal on 4-9-1988 in Appeal No. HYD/249/88. Said appeal was filed by the respondent No. 1 against order of the Registrar, Trade Unions (respondent No. 2) registering the petitioner's union for workers of the establishment of respondent No. 1. Mr. Muhammad Saleem Khan, learned counsel for the petitioner argued that learned Tribunal was not competent to entertain the appeal filed by the respondent No. 1 under section 38(3) of I.R.O., that the application for cancellation of registration of a Trade Union can be moved only by the Registrar, Trade Unions in terms of section 10(1) of I.R.O and that in the instant case no such application/complaint was moved by the Registrar, Trade Unions. Mr. Nadir Khan, Assistant Director, Trade Unions, Hyderabad supported the stand taken by the petitioner. Section 10(1) of IRO deals with cancellation of registration of trade unions. It reads as below: "Cancellation of Registration.--The registration of a trade union shall be cancelled if the Labour Court so directs upon a complaint in writing made by the Registrar that the trade…

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