Case Details

Citation(s)
2001 SLG 1884 2001 SLD 1884 2001 PLC 441
Sindh High Court
Constitutional Petition No. S.-509 of 2000, heard on 22-02-2000.
ZAHID KURBAN ALAVI, J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

HABIB SUGAR MILLS LTD. through Manager

VS

REGISTRAR OF TRADE UNIONS, GOVERNMENT OF SINDH and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------S.8---Trade union, registration of---Satisfaction of Registrar---Meaning and scope--" Act of registration of union is neither mechanical nor automatic---Registration requires satisfaction on the part of the Registrar as on the question of compliance of the .requirements of Industrial Relations Ordinance, 1969---Satisfaction refers to the sate of mind---Registration being a conscious act, due satisfaction should be reflected in the act---Registration ought to satisfy the test of objectivity otherwise it tray well be exposed on the scrutiny, in exercise of power of judicial review. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 7(2)---Trade union, registration of---Employer forming his own trade union--- Quota for outsiders---Holding of office by non-workman under 25% quota for 'Outsiders'---Validity---Outsiders under the provisions of S.7(2) of Industrial Relations Ordinance, 1969, should also be in the category of workman---Even employer can form his own Trade Union in his own establishment holding office of President arid General Secretary of the Union from amongst 25 % outsiders' quota. (c) Industrial Relations Ordinance (XXIII of 1969)- ----S. 5---Industrial Relations (Sindh) Rules, 1973, Regln.3, Forth 'A'--- Registration of trade union, application for---Entitlement to such application---Application has to be filed in terms of S.5 of Industrial Relations Ordinance, 1969 in Form 'A'---Form 'A' under the provisions of Regln.5, of Industrial Relations (Sindh) Rules, 1973, provides that it is either a Trade Union of workmen or it is a Trade Union of employers. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 10---General Clauses Act (X of 1897), S. 21---Registration Certificate issued by Registrar of Trade Unions, recalling of---Locus poenitentiae, principle of--- Applicability---Where the Registration Certificate has been obtained through misrepresentation, such certificate is liable to be recalled on the doctrine of locus poenitentiae. PLD1992 SC 207 ref. (e) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 8---Registration Certificate---Validity---Registration…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492