Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------S. 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Filing of petition by power of attorney holder---Petitioner-Company was aggrieved with the registration of trade Union---Petition was filed through a Manager who had power of attorney---Objection raised by respondents was that in absence of resolution of Board of Directors in favour of the Manager, he could not file petition---Validity---Petition was not competently filed as the power of attorney given to the Manager by petitioner being incorporated under Companies Ordinance, 1984, was of general in nature---Manager was not specifically authorized for filing petition in High Court against respondents---When company was instituting legal proceedings in Court of law, it had to be instituted competently and by authorized agent--Petition was incompetently filed which was not maintainable---Petition was dismissed in circumstances. [Case-law referred]. Mehmood Abdul Ghani for Petitioner. Abdul Jabbar Lakho, A.A.-G. for Official Respondents. Suleman Habibullah for Respondent No.2. ORDER DR. RANA MUHAMMAD SHAMIM, J.--- The petitioner being aggrieved and dissatisfied with wrongful assumption of jurisdiction by the respondent No.1, a public functionary, and his failure to perform his legal obligations as envisaged in law. 2. The facts, in brief are that one premises of National Foods Limited is located at F-133, Sindh Industrial and Trading Estate (S.I.T.E.), Karachi, where spices are grinded. At second premises F-276 S.I.T.E., Karachi, pickles are manufactured and packed whereas at factory located at F/160-C, S.I.T.E., Karachi, Salt, Jam and ketchup are manufactured and packed and grinded spices are also packed. Each of these three factories are separately registered under the Factories Act, 1934. In addition company has their warehouses at Multan, Lahore and Islamabad and also distribution outlets all over the country. One profit and loss outlets all over the country. One profit and loss account and balance sheet is prepared in the relations to all these premises. 3. That apparently on 3-8-2005 a constitution of the…

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