Case Details

Citation(s)
2007 SLG 1881 2007 SLD 1881 2007 PLC 366
Sindh High Court
Constitutional Petition No.S-259 of 2003, decision dated: 15-03-2007.
MRS. QAISAR IQBAL, J

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LUCKY TEXTILE MILLS through Managing Partner

VS

MAZDOOR UNION OF LUCKY TEXTILE MILLS through General Secretary and 3 others LUCKY TEXTILE MILLS through Managing Partner vs MAZDOOR UNION OF LUCKY TEXTILE MILLS through General Secretary and 3 others

Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss. 9, 12 & 20---Constitution of Pakistan (1973), Art.199---Constitutional petition---Registration of Trade Union---Cancellation of registration---Collective Bargaining Agent---Determination of---First application filed by respondent Union for registration of Trade Union was rejected by Registrar Trade Unions, after verification of its contents, but second application filed by respondent was allowed by the Registrar---Petitioner had alleged that investigation carried out by the Registrar leading to registration of respondent-Union, was arbitrary, illegal without jurisdiction and that Collective Bargaining Agent proceedings were also in violation of Industrial Relations Ordinance, 2002---Registrar Trade Unions had proceeded to register the Union vide registration as was conveyed by the department to General Secretary of the Union by a slipshod order---No reasoning was attached thereto nor there appeared to be an inquiry conducted by department with 1/5th members of the establishment workers in support of the Union for determination of Collective Bargaining Agent---Grievance of petitioner was that Registrar and the Department did not care to verify the number of workers employed in the establishment nor that requirement was fulfilled by the union in gross violation of the law and that the Union was illegally registered---Validity---Registrar of Trade Unions being statutory Authority, was required to discharge its legal position---No speaking order being available on record, impugned order was set aside with direction to the Registrar to conduct an impartial inquiry into the matter and then proceed to pass a speaking order---Impugned registration awarded to the union was set aside/cancelled, matter was remanded to Registrar Trade Unions to consider application afresh and conduct impartial inquiry in the matter and then proceed to pass appropriate order, accordingly. Hakim sons Chemical Industries v. RTU 1999 SCMR 2398; Ghee Corporation of Pakistan v. The Registrar Trade Union 1991 PLC 207 and Essa Chemical Industries Workers Union v. Registrar of Trade Unions, Hyderabad Region, Hyderabad and 4 others 1998…
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