| Case ID |
20c9e702-7450-460b-a868-56175aa1ca1f |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.12(221) of 1999 |
| Decision Date |
Jul 29, 2000 |
| Hearing Date |
|
| Decision |
The appeal filed by the Aero Asia Staff and Workers Union was dismissed on the grounds that the union was not a registered trade union at the time of filing the petition. As a result, it lacked the legal standing to sue or be sued under the Industrial Relations Ordinance of 1969. The Commission upheld the view that only registered trade unions possess the status of a corporate body, allowing them to initiate legal proceedings. The dismissal of the petition was based on prior rulings which established that unregistered unions cannot espouse workers' causes in legal forums. The decision emphasizes the importance of registration for trade unions to gain legal recognition and the ability to pursue grievances effectively. |
| Summary |
This case revolves around the Aero Asia Staff & Workers Union's appeal against the order of the National Industrial Relations Commission, which dismissed the union's petition for unfair labor practices. The union, formed on July 25, 1999, alleged that the managing director of Aero Asia International threatened its members and engaged in practices that violated labor rights. However, the Commission ruled that the union's lack of registration rendered it unable to file a petition. This case highlights critical issues in labor rights, union registration, and the legal framework governing industrial relations in Pakistan. It underscores the necessity for trade unions to secure registration to effectively advocate for workers' rights and the implications of operating without formal recognition. The ruling sets a precedent for future cases involving unregistered unions and their ability to seek legal recourse, emphasizing the need for compliance with statutory requirements to ensure fair representation and protection of labor interests. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Aero Asia International (PVT.) LTD.,
Aero Asia Staff & Workers Union
|
| Judges |
ZIA MAHMOOD MIRZA,
ABDUL SATTAR KHAN,
GHULAM RASUL
|
| Lawyers |
Malik Mehrban,
Muhammad Ashraf Gujjar
|
| Petitioners |
AERO ASIA STAFF & WORKERS UNION through GENERAL Secretary and President
|
| Respondents |
MANAGING DIRECTOR, AERO ASIA INTERNATIONAL (PVT.) LTD.,
Another Respondent
|
| Citations |
2001 SLD 2079,
2001 PLC 135
|
| Other Citations |
AIR 1940 Nag. 288,
1989 MLD 3436
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission (Procedure and Functions) Regulations, 1979
|
| Sections |
2(xxvi),
14,
15,
22 A(8)(g),
22 D,
32(2)
|