Case Details

Citation(s)
2006 SLG 1665 2006 SLD 1665 2006 PLC 394
National Industrial Relations Commission
Case No.20(11) of 2004, decision dated: 6-01-2006.
RAJA ABDULLAH KHAN AND MUHAMMAD SHABBIR, JAMAL, MEMBERS.

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REGISTRAR OF INDUSTRY-WISE TRADE UNIONS, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD

VS

MUSLIM COMMERCIAL BANK EMPLOYEES TRADE UNION OF PAKISTAN and another REGISTRAR OF INDUSTRY-WISE TRADE UNIONS, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLA

Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 3(i)(d) & 12(1)(2)---Banking Companies Ordinance (LVII of 1962), S.27-B---Cancellation of registration of " Trade Union---Deputy Registrar (Registration) National Industrial Relations Commission had filed complaint for cancellation of registration of Trade Union in employer Bank on grounds; firstly that Trade Union had never filed its Annual Returns since 1997; that the Trade Union had filed no change of its office-bearers after expiry of last term of its office-bearers and that the Trade Union was illegally constituted body because person who claimed to be the President of said Union was outsider as he had finally been dismissed from service---Validity---Held, Trade Union had failed to submit its Annual Returns to Registrar Trade Union and also failed to communicate change by holding internal elections of the union as required by law---Contention of Trade Union that copies of Annual Returns had been provided to Registrar of Industry-wise Trade Union, had not been confirmed by Deputy Registrar---No valid proof in circumstances was available with regard to submission of Annual Returns and holding of internal elections of the union---Both the said conditions were legal requirements, that had not been fulfilled by Trade Union and was continuously violating law in that regard---Person who claimed to be President of Trade Union had ceased to be employee of employer Bank and being so he was an outsider who had no justification to claim to be President of Trade Union in employer Bank and could not hold office in the Executives of Trade Union in view of S.27-B of Banking Companies Ordinance, 1962 which was applicable in the case---Holding of an office by said outsider in Trade Union in employer Bank, would render it against law and would not legitimize a Trade Union of Bank to carry its activities as a registered body---Registration of Trade Union, in circumstances was liable to cancellation in view of S.12(1)(2) of Industrial Relations Ordinance, 2002---Order of Member of Registrar Industry-wise Trade Unions, directing Deputy Registrar to file instant complaint," was validly made and cancellation of…
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