Case Details

Citation(s)
2001 SLG 1561 2001 SLD 1561 2001 PLC 198
National Industrial Relations Commission
Appeal No. 12 (228) of 1999, decision dated: 16-02-2000
ZIA MAHMOOD MIRZA, CHAIRMAN, MUHAMMAD HUSSAIN CHAUDHRY, MEMBER AND GHULAM SARWAR KHERO, SECRETARY LABOUR, SINDH

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AIRWAYS EMPLOYEES UNION OF PIA, KARACHI

VS

PAKISTAN INTERNATIONAL AIRLINES CORPORATION

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 7(i)(j), 10(3), 21 & 22 D National Industrial Relations Commission Procedure and Functions) Regulations, 1973, Regln. 15 Cancellation of registration of trade union Appeal Appellant trade union was registered with National Industrial Relations Commission and registration certificate vas issued Registration of trade union was cancelled on allegations that union had failed to hold election according to R.10 of its 1991 PLC 643 and 1997 PLC 315 ref. ORDER ZIA MAHMOOD MIRZA. (CHAIRMAN). This is an appeal against the order of the then Chairman, NIRC, dated 18 6 1998 whereby the registration of the appellant union was cancelled under section 10(3) of I.R.O. 2. Facts relevant for the disposal of this appeal, briefly stated, are that the appellant union was registered with this Commission as industrywise trade union on 18 1 1990 and a Registration Certificate No.6 of 1990 was issued to it. It appears that the appellant union after its registration failed to hold its elections and it also did not submit Annual Returns for the years 1990 to 1996. A note was accordingly put up by the Assistant Incharge of the Registration Branch of this Commission on 10 6 1998 stating that the last elections of the union were held on 2 1 1990 and according to rule 10 of the Constitution of the Union, the tenure of office bearers being two years, the elections were required to be held before 1 1 1992, 31 12 1994 and 30 12 1996 but no intimation in that behalf was received by the Commission. It was further pointed out in the note of the Assistant Incharge that under section 21 of the I.R.O, every registered trade union is required to submit to this Commission, Annual Returns upto 31st December of every year but the appellant union "has not submitted Annual Returns for the years 1990, 91, 92, 93; 94, 95 and 96, despite notice, dated 25 6 1997 and its reminder dated 15 6 1997, which has been returned with the observations of the Post Office "Left". Moreover, Annual Return for the year 1997 has also become due." This note was marked to the DR(R) who endorsing the said note observed that "It appears that union has ceased to exist and is…
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