| Case ID |
25ca73ef-c7e8-4bbb-b04f-7d854d0f6ef9 |
| Body |
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| Case Number |
FD-724 of 1986 |
| Decision Date |
Feb 22, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled on the matter of the registration of trade unions as per the Industrial Relations Ordinance. It was determined that only employees falling under the definition of 'workman' should be counted for the registration process. Casual workers who were not paid for Fridays and holidays and thus not on the rolls were excluded from this count. Furthermore, the Tribunal found fault with the Registrar's rejection of the application for registration, as it lacked specific details regarding the record examined. The decision emphasized the need for transparency in the registration process and adherence to the statutory definitions provided in the law. |
| Summary |
This case revolves around the registration of trade unions under the Industrial Relations Ordinance (XXIII of 1969). The central issue was whether casual workers, not paid for certain days and thus not on the employment rolls, should be counted in the total number of workers for the registration of a trade union. The Labour Appellate Tribunal highlighted the definition of 'workman' and clarified that only those meeting the criteria should be considered. The Tribunal also criticized the Registrar for not providing sufficient details when rejecting the registration application. This case underscores the importance of proper adherence to legal definitions and transparency in administrative processes related to labor rights and union registration. Key legal terms include 'Industrial Relations Ordinance', 'trade union registration', and 'workman definition', which are crucial for understanding labor laws in Pakistan. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Not available
|
| Petitioners |
Registrar, Trade Unions, Faisalabad
|
| Respondents |
Ittefaq Workers Union, Kamalia Sugar Mills
|
| Citations |
1988 SLD 937,
1988 PLC 232
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(xxviii),
8,
38(3-a)
|