| Case ID |
0aada8e0-e1fc-4f60-a6f8-b78b09508add |
| Body |
View case body. Login to View |
| Case Number |
Revision Application No. KAR-52 of 1990 |
| Decision Date |
Apr 24, 1990 |
| Hearing Date |
Apr 24, 1990 |
| Decision |
The Labour Appellate Tribunal vacated the interim stay order granted by the Labour Court, ruling that the cancellation of the C.B.A. certificate issued to the applicant was not legally justified. The Tribunal asserted that the issue of whether the applicant was a Trade Union for the six establishments could only be resolved after evidence was presented. The Tribunal emphasized that the Labour Court lacked the authority to cancel the C.B.A. certificate unless the registration itself was revoked, which had not occurred. The decision reinforced the rights of the registered Trade Union and clarified procedural standards concerning the authority of the Labour Court in such matters. |
| Summary |
This case revolves around a dispute between two trade unions regarding the status of Collective Bargaining Agent (C.B.A.) for certain establishments. The Tribunal examined the legality of the Labour Court's decision to cancel the C.B.A. certificate of the Warehouse Carriers Mehnatkash Union, which was registered for six establishments. The ruling highlighted that the Labour Court does not have the jurisdiction to cancel a C.B.A. certificate without proper legal grounds, emphasizing the need for evidence before making such determinations. The decision clarifies the procedural authority of the Labour Court under the Industrial Relations Ordinance, 1969, and reinforces the rights of registered trade unions in collective bargaining scenarios. This case is significant for understanding the legal framework governing trade unions and their operational rights in Pakistan, making it a vital reference for ongoing and future labor disputes. The ruling is crucial for labor law practitioners and trade union representatives, providing clear guidelines on the rights and limitations of trade unions in the context of collective bargaining agreements. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
WAREHOUSE CARRIERS MEHNATKASH UNION, KARACHI,
PAKISTAN WAREHOUSE CARRIERS WORKERS UNION
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Abdul Majeed,
Suleman Habibullah
|
| Petitioners |
WAREHOUSE CARRIERS MEHNATKASH UNION, KARACHI
|
| Respondents |
PAKISTAN WAREHOUSE CARRIERS WORKERS UNION and 2 others
|
| Citations |
1991 SLD 1854 = 1991 PLC 135
|
| Other Citations |
1989 M L D 584,
P L D 1978 Kar. 612,
1973 P L C 111,
Karachi Warehouse and Carriers Workers Union v. Pakistan Warehouse Carriers Workers Union and 3 others reported in 1978 P L C 554,
1983 P L C 119
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Civil Procedure Code, 1908
|
| Sections |
10,
22,
38(3-a),
52,
XXXIX, R.1
|