| Case ID |
262daed4-14f5-404a-95e3-f18860cc7cff |
| Body |
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| Case Number |
C.P. No. D-131 of 1989 |
| Decision Date |
Aug 27, 1992 |
| Hearing Date |
|
| Decision |
The High Court accepted the petition, declaring the order of the Tribunal illegal as it acted beyond its powers. The appeal was filed by the employer against the Registrar's decision to register the union. The Court held that only the Registrar could move for cancellation of a trade union's registration under Section 10(1) of the IRO. Since no such application was made by the Registrar or the employer, the Tribunal had no authority to entertain the appeal. Consequently, the impugned order was declared to have no legal effect. |
| Summary |
In the case of ABASIN INTERNATIONAL WORKERS UNION vs. the employer, the Sindh High Court addressed the issue of the maintainability of an appeal against the order of the Registrar of Trade Unions regarding the registration of a trade union. The case highlighted the provisions of the Industrial Relations Ordinance (IRO), particularly sections 10 and 38, which govern the cancellation of trade union registrations and the appeal process. The Court emphasized that only the Registrar has the authority to file a complaint for cancellation, and any appeal against the Registrar's order must be grounded in lawful authority. The ruling reinforces the importance of adhering to procedural mandates in industrial relations law, and clarifies the boundaries of the Tribunal's powers, ensuring that trade unions are protected from arbitrary actions by employers. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUKHTAR AHMED,
JUNEJO,
MUHAMMAD ASLAM ARAIN
|
| Lawyers |
M. Saleem Khan
|
| Petitioners |
ABASIN INTERNATIONAL WORKERS UNION, THATTA through General Secretary
|
| Respondents |
|
| Citations |
1993 SLD 1141,
1993 PLC 83
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
10,
38,
199
|