Case Details

Citation(s)
2001 SLG 1578 2001 SLD 1578 2001 PLC 135
National Industrial Relations Commission
Appeal No.12(221) of 1999, decision dated: 29-07-2000
ZIA MAHMOOD MIRZA, CHAIRMAN, ABDUL SATTAR KHAN, MEMBER AND GHULAM RASUL, J. S. LABOUR DIVISION/MEMBER

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AERO ASIA STAFF & WORKERS UNION through General Secretary and President

VS

MANAGING DIRECTOR, AERO ASIA INTERNATIONAL (PVT.) LTD., KARACHI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss, 2(xxvi), 14, 15, 22 A(8)(g) & 22 D National Industrial Relations Commission (Procedure and Functions) Regulations, 1979, Regln.. 32(2) Application against unfair labour practice of employer Maintainability --Locus standi of unregistered trade union Trade union filed petition under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 alongwith stay application under Regln. 32(2) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 against alleged unfair labour practice of employer Union at the time of filing of the petition and application was just a combination of workers as defined in S.2(xxvi) of Industrial Relations Ordinance, 1.969 and was not a registered trade union Validity Union could not bring the petition and application in its own name as same did not have status of a body corporate so as to be entitled to sue or be sued Such a status could be acquired by trade union only when it got itself registered with the Registrar of Trade Unions Union being not registered trade union, was not competent to institute proceedings Petition filed by the union was rightly dismissed by Single Bench of National Industrial Relations Commission being not maintainable. AIR 1940 Nag. 288 and 1989 MLD 3436 ref. ORDER ZIA MAHMOOD MIRZA (CHAIRMAN). This appeal under section 22 D of Industrial Relations Ordinance, 1969 filed by Aero Asia Staff and Workers' Union through its General Secretary and President, is directed against order, dated 30 10 1999 passed by Mr. Ijaz Ahmad K. Sheikh, the then Member, N.I.R.C., Karachi Bench whereby the appellant's petition under section 22 A(8)(g) of I.R.O., 1969 together with the stay application was dismissed. 2. Facts relevant for the disposal of this appeal, briefly stated, are that the appellant union filed a petition under section 22 A(8)(g) of I.R.O., 1969 on the allegations that the workmen of Aero Asia/respondent Company formed the appellant union on 25th July, 1999 and the application for its registration was sent to the Registrar of Industry wise Trade Unions on 1 8 1999 by registered post. When the respondents came to know about the…
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