| Case ID |
026ea60b-4565-4245-9d52-9014ab1db746 |
| Body |
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| Case Number |
Writ Petition No. 13977 of 2000 |
| Decision Date |
|
| Hearing Date |
Aug 28, 2000 |
| Decision |
The Lahore High Court ruled in favor of the petitioner union, declaring the order to ban its activities as void and without lawful authority. The court emphasized the fundamental right of workers to form unions as enshrined in Article 17 of the Constitution, which cannot be denied without lawful justification. The court noted that no proceedings had been initiated against the union under the applicable laws, rendering the ban unlawful. While the court allowed the petition, it also clarified that the respondents could still seek legal recourse if they had valid grounds against the union or its members in accordance with the law. This decision reinforces the protection of trade union rights and the necessity of adhering to legal processes before imposing restrictions on such activities. |
| Summary |
The case involves a writ petition filed by the Mazdoor Ittehad Union against the Administrator of the Municipal Corporation Faisalabad, challenging the legality of an order banning the union's activities. The Lahore High Court found that the ban violated the union's rights under Article 17 of the Constitution of Pakistan, which guarantees the right to form associations. The court highlighted that the respondent had not followed due process in initiating the ban and emphasized that the union was a registered entity acting as a Collective Bargaining Agent. The decision reinforces the legal protections available to trade unions, ensuring that any restrictions must comply with established legal frameworks. The ruling is significant for labor rights, emphasizing the need for lawful procedures in handling trade union matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Ijaz Anwar for Petitioner,
Tahir Munir for Respondents
|
| Petitioners |
MAZDOOR ITTEHAD UNION (REGISTERED) COLLECTIVE BARGAINING AGENT, FAISALABAD through President of Union
|
| Respondents |
ADMINISTRATOR, MUNICIPAL CORPORATION, FAISALABAD and another
|
| Citations |
2001 SLD 1753 = 2001 PLC 1
|
| Other Citations |
Civil Aviation Authority, Islamabad and others v. Union of Civil Aviation Employees and another PLD 1997 SC 781
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
10,
22,
17,
199
|