| Case ID |
02887026-49bd-419c-a0b7-064774496707 |
| Body |
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| Case Number |
Appeal Cases Nos. 12(5) and 24(15) of 1987 |
| Decision Date |
Apr 09, 1987 |
| Hearing Date |
Apr 09, 1987 |
| Decision |
The appeal was heard under subsection (4) of section 22-B of the Industrial Relations Ordinance, 1969. The Commission set aside the impugned order that refused the application for the certificate of Collective Bargaining Agent (CBA) on the grounds that another union existed in the same industry. The Commission determined that it should only consider unions registered as industry-wise trade unions with it. Since the appellant was not given the opportunity to present evidence regarding its membership across all branches of the industrial establishment, the matter was remanded to the Single Bench for a fresh decision, ensuring the appellant could substantiate its claim as an industry-wide union. |
| Summary |
This case revolves around the appeal filed by the Hyderabad Electronic Industries Workers Union against the Registrar of the National Industrial Relations Commission. The core issue was the refusal of the Commission to grant a certificate of Collective Bargaining Agent (CBA) under Section 22(1) of the Industrial Relations Ordinance, 1969. The refusal was based on the existence of another union registered in the same industry. The Commission's decision highlighted the importance of recognizing only those unions that are registered as industry-wise trade unions with it. The decision to remand the case back to the Single Bench underscores the procedural fairness expected in labor relations and collective bargaining contexts, emphasizing the need for unions to demonstrate their membership across all branches of the industrial establishment for proper representation. Key legal principles involved include the provisions of the Industrial Relations Ordinance and the rights of trade unions to seek recognition as bargaining agents. This case sets a precedent in labor law regarding the requirements for union recognition and the procedural rights of unions in the certification process. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
National Industrial Relations Commission,
Hyderabad Electronic Industries Workers Union, Karachi
|
| Judges |
M. S. H. QURAISHI (CHAIRMAN),
AZIZ AHMED (MEMBER)
|
| Lawyers |
Ch. Rashid Ahmad,
Mahmood Abdul Ghani
|
| Petitioners |
HYDERABAD ELECTRONIC INDUSTRIES WORKERS UNION, KARACHI
|
| Respondents |
REGISTRAR/ MEMBER, NATIONAL INDUSTRIAL RELATIONS COMMISSION
|
| Citations |
1988 SLD 985,
1988 PLC 300
|
| Other Citations |
1977 P L C 20
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
22(1),
22-A(8)(d)(e)
|