| Case ID |
2256c251-de43-403f-820a-3598ae0b5a18 |
| Body |
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| Case Number |
Civil Petition No.541 of 2014 |
| Decision Date |
May 12, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Islamabad High Court's decision which had dismissed the Writ Petition filed by the Petitioner-Union. The court found that the Petitioner-Union did not approach the Registrar within the required timeframe to claim their right to act as a Collective Bargaining Agent (CBA) for three years, even though they claimed a membership exceeding 5000. The Court emphasized the necessity for the Union to provide detailed membership information prior to holding a Referendum, and that failure to do so forfeited their right to claim a three-year term. As such, the Court upheld the lower court's ruling, affirming that the Petitioner-Union could not avail themselves of the benefits stipulated under the Industrial Relations Act due to procedural lapses. |
| Summary |
This case revolves around the rights of trade unions under the Industrial Relations Act (X of 2012) to act as Collective Bargaining Agents (CBA) for a period of three years. The Supreme Court of Pakistan examined whether the PEOPLE UNITY OF PIA EMPLOYEES CBA, having claimed membership of over 5000 and presence in multiple provinces, had the entitlement to function as a CBA. The court ruled that the Union's failure to timely approach the Registrar for extending their term invalidated their claim. The decision highlights key aspects of trade union regulations and emphasizes the importance of procedural compliance in labor relations. Keywords: Industrial Relations, Collective Bargaining, Trade Union Rights, Supreme Court of Pakistan, Labor Law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PEOPLE UNITY OF PIA EMPLOYEES CBA,
The REGISTRAR OF TRADE UNIONS (NIRC)
|
| Judges |
NASIR-UL-MULK,
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Raja M. Ibrahim Satti,
M.A. Ghani Ch.,
Ch. Akhtar Ali,
Abdul Hafeez Amjad
|
| Petitioners |
PEOPLE UNITY OF PIA EMPLOYEES CBA, KARACHI
|
| Respondents |
,
The REGISTRAR OF TRADE UNIONS (NIRC) ISLAMABAD
|
| Citations |
2015 SLD 1597 = 2015 PLC 68
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act (X of 2012)
|
| Sections |
19(11),
19(9)(e)
|