| Citation(s) |
|---|
| 2003 SLG 913 2003 SLD 913 2003 PLC 438 |
Sindh High Court
Civil Petition No.507 of 2002, decision dated: 7-04-2003.
GULZAR AHMED, J
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Civil Petition No.507 of 2002, decision dated: 7-04-2003.
GULZAR AHMED, J
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AZIZUR REHMAN and 2 others
VS
SINDH LABOUR COURT NO.V and 5 others
Law:
Section:
Industrial Relation Ordinance (XXIII of 1969)-------S. 8(4)(5)(7)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dispute in relation to change of officers of Trade Union---Appeal to Labour Court---Labour Court concluded that it had no power to grant relief of cancellation of change of officer-bearers notified by Registrar of Trade Unions but it had power to direct holding of fresh elections---Labour Court accordingly ordered holding of fresh elections under supervision of Registrar, Trade Unions instead of quashing/canceling/setting aside notification/order of change of office-bearers issued subsequent to notification of election--Validity---Labour Court despite holding that subsequent change in office-bearers of employees union recorded by Registrar, Trade Unions was not in accordance with constitution of union and that there was, no justification with Registrar, Trade Unions to have accepted such subsequent change, did not proceed to quash/cancel/set aside order of Registrar, Trade Unions assuming that it had no jurisdiction of power to do so, but had ordered to hold fresh elections---Labour Court under provisions of S.8(4)(5)(7) of Industrial Relations Ordinance. 1969 had jurisdiction to entertain and decide appeals which would arise from order of Registrar of Trade Unions where he not only refused to accept change of office-bearers of Trade Union, but had accepted the change if there was a dispute in relation to: change of office-bearers of Trade Union---Labour Court, in circumstances, had not reached to correct conclusion in law in directing holding of fresh elections of the union---High Court in exercise of Constitutional jurisdiction, corrected error of law made by Labour Court in refusing to quash/cancel/set aside order of Registrar, Trade Unions. Karachi Warehouse and Carriers Workers' Union v. Pakistan Warehouse Carriers Workers PLD 1978 Kar. 417; KMC and Sanitary and General Employees' Union v. Khalid Hafeez 1991 PLC 593; Abdul Rauf v. Registrar of Trade Unions 1980 PLC 219 and Shamsur Rehman v. Presiding Officer, Labour Court No. 1, Karachi 1983 PLC 742 (sic) ref. Khalid Javed for Petitioners. Khalid Imran for Respondents.…
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