Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S.8(4) & (5)---Change in the executive body of the trade union---Refusal by Registrar to register such change--Validity---Where such change is in contravention of any, of the provisions of industrial Relations Ordinance, 1969, the Registrar of Trade Unions may refuse to register such change. (b) Constitution of Pakistan (1973)--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Where something was unjust and unlawful, High Court would refuse to perpetuate injustice or illegality---High Court always loathed to issue writs in aid of injustice. Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 19 1 3 SC 236 and Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268 ref. . (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Writ of mandamus, issuance of-- -Petitioner, a trade union failed to hold elections and was continuing with their tenure in violation of the terms of the constitution of the union itself---Registrar of Trade Unions refused to issue sanction/approval of the newly-elected executive body of the trade union---Trade union sought direction to the Registrar in the nature of mandamus---Validity---Where the trade union had failed to hold elections and was continuing their tenure in violation of the terms of their own constitution; such trade union was not entitled to any discretionary relief--­High Court refused to exercise discretion in favour of the trade union--­Every day of the contravention of such trade union that had elapsed beyond the prescribed period of two years was without lawful authority and usurpation by the union---High Court directed the Registrar of Trade Unions to hold fair and impartial elections -of the union so that a representative body of the union might be installed. Pervez 1. Mir for Petitioner. Kh. Saeed-uz-Zafar, A.A.-G. for Respondents Nos. 1 and 2. Nemo for Respondent No.3. Ahmad Kamal Khan for the Intervenor. Date of hearing: 19th October, 2000. JUDGMENT This…

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