Law:

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Industrial Relations Ordinance (XXIII of 1969)Ss. 10 & 22 Constitution of Pakistan (1973), Arts.l7 & 199 Constitutional petition Imposition of ban on Trade Union activities Scope and extent Proceeding against trade union without adopting provisions of S.10, Industrial Relations Ordinance, 1969 Legality Trade union was a registered union and was acting as Collective Bargaining Agent Authority imposed ban on the activities of the union on the allegation of involvement in "nefarious" activities Validity Completely banning the activities of the petitioner union was void as the same was in conflict with Art.17(1) of the Constitution Where no person was proceeded against in accordance with law for any alleged nefarious activity, order of banning the activities of trade union was without lawful authority and could not be sustained which was set aside in circumstances. Civil Aviation Authority, Islamabad and others v. Union of Civil Aviation Employees and another PLD 1997 SC 781 ref. Ijaz Anwar for Petitioner. Tahir Munir for Respondents. Date of hearing: 28th August; 2000. JUDGMENT The present writ petition calls in question the order dated 26 6 2000 passed by respondent No. 1 (Annexure A), whereby he has proceeded to ban the activities of the petitioner union. Admittedly the petitioner is a registered union and is a Collective Bargaining Agent. It has been stated in the writ petition that respondent No. 1 has no lawful authority to ban the activities of the petitioner union. It has, further been stated that no proceedings for cancellation of the registration of the petitioner union have been initiated in accordance with the provisions of Industrial Relations Ordinance, 1969. Comments were called for. It has been stated therein that the impugned order has been passed because of "nefarious" activities of the petitioner union. The writ petition was admitted to regular hearing vide order dated 26 7 2000. Notice was accepted by the learned counsel for the respondents. Arguments have been heard today. 2. Learned counsel for the petitioner argued that it is a fundamental right of the workers to form a union and. to join the same. According to the learned counsel the…

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