Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 10 & 11

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss.10 & 11---Constitution of Pakistan (1973), Art. 199--�Constitutional petition---Cancellation of registration of Trade Union--�Registrar of Trade Unions in terms of subsection (3) of S.10 of Industrial Relations Ordinance, 1969 had power to cancel registration of Trade Union after holding such enquiry as he deemed fit, if he found that such Trade Union was dissolved by itself or had ceased to exist---Case of petitioner Trade Union was that it was condemned unheard as no show-cause notice was issued to it before cancellation of its registration---Appeal filed against order of Registrar before Labour Court and thereafter before Appellate Tribunal, having been dismissed, petitioner had filed Constitutional petition before High Court---Right of hearing having not been provided to petitioner, High Court struck down order canceling registration of Trade Union.(b) Maxim--------'Audi alteram partem'---Applicability---Maxim `Audi alteram partem' was to be read in' every statute more particularly when the right was affected by impugned order.Ashraf Hussain Rizvi for Petitioner.Sher Afghan for Respondents.Date of hearing; 30th March, 2004.ORDER The petitioner is aggrieved by the order dated 25-11-1996 passed by the Registrar of Trade Unions in exercise of powers under Sub-section (3) of section 10 of the late Industrial Relations Ordinance, 1969 The order reads as follows:-- "In exercise of the powers conferred on me under Subsection (3) of section 10 of the Industrial Relations Ordinance, 1969, and after necessary enquiry 1, Ayaz Ahmed K. Shaikh, Registrar of Trade Unions, Sindh, Karachi, do hereby cancel the registration of Precision Rubber Products Workers Union, Korangi, Karachi bearing Registration No.4834 as the same has ceased to exist. " The Petitioner filed appeal before the Labour Court, on being unsuccessful he filed further appeal before the Labour Appellate Tribunal. The learned Chairman of Labour…