| Citation(s) |
|---|
| 2007 SLG 1917 2007 SLD 1917 2007 PLC 421 |
Supreme Court of Pakistan
C.P.L.A. No.460-K of 2006, decision dated: 13-11-2006. (On appeal from order of High Court of Sindh Karachi, dated 24-8-2006 passed in C.P. No.D-486 of 2000).
RANA BHAGWANDAS AND MUHAMMAD NAWAZ ABBASI, JJ
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C.P.L.A. No.460-K of 2006, decision dated: 13-11-2006. (On appeal from order of High Court of Sindh Karachi, dated 24-8-2006 passed in C.P. No.D-486 of 2000).
RANA BHAGWANDAS AND MUHAMMAD NAWAZ ABBASI, JJ
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ALL PAKISTAN SEAMENS WORKERS UNION through General Secretary
VS
PAKISTAN SEAMENS UNION through Secretary and others ALL PAKISTAN SEAMENS WORKERS UNION through General Secretary vs PAKISTAN SEAMENS UNION through Secretary and others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------Ss. 22-A(4), (8)(d) & 22-B(2)(b), (3)(b)---Registration of Industry-wise Trade Union---Entrustment of application for registration by Chairman to Deputy Registrar of National Industrial Relations Commission-Report of Deputy Registrar favouring registration---Chairman of Commission approving such report' without applying mind---Validity---Registration of such Union was a function to be performed by Commission, which would include its Chairman and Members appointed under S.22-A(4) of Industrial Relations Ordinance, 1969---Powers vested in Commission exercisable by its Chairman or its Bench could not be delegated or entrusted to its officer including the Registrar---Supreme Court upheld order of High Court declaring such registration to be illegal and without lawful authority---Principles. Essa Cement Industries Workers' Union v. Registrar of Trade Unions 1998 SCMR 1.964 distinguished. Syed Shahenshah Hussain, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Muhammad Tasneem, Advocate Supreme Court and Suleman Habibullah, Advocate-on-Record for Respondent No.1. Ghulam Nabi Dareshak, Deputy Registrar, NIRC for Respondent No.2. Masood Ahmad, Shipping Master for Respondent No.3. Agha Faqir Muhammad, Advocate Supreme Court and Raja Sher Muhammad Khan, Advocate-on-Record for Respondent No.7. Nemo for Respondents Nos.4 to 6 and 8 to 10. Date of hearing: 13th November, 2006. JUDGMENT RANA BHAGWANDAS, J.--- This petition is directed against Sindh High Court order, dated 24-8-2006 allowing constitutional petition filed by respondent No. l challenging the registration of petitioner-Union as Industry-wise Trade Union by respondent No.2 i.e. National Industrial Relations Commission. 2. We have heard Syed Shahenshah Hussain, learned Advocate Supreme Court for the, petitioner at sufficient length whereas Mr. Muhammad Tasneem, learned Advocate Supreme Court has appeared on behalf of respondent No.1 pursuant to the notice issued by this Court. 3. Crux of the submission advanced at the Bar and on perusal of the impugned order rendered by. a Division Bench of the Sindh High Court it appears…
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