| Case ID |
2df8e54a-bce4-4276-bce4-3dee073f6fab |
| Body |
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| Case Number |
Appeal No. 12 (228) of 1999 |
| Decision Date |
Feb 16, 2000 |
| Hearing Date |
|
| Decision |
The appeal was allowed and the impugned order of the then learned Chairman/RITU canceling the registration of the appellant union was set aside. The registration of the appellant union was restored. The court emphasized that no show cause notice was issued to the appellant before the cancellation, violating the principles of natural justice. The management did not oppose the appeal, indicating no objection to the restoration of the registration. The ruling highlighted the necessity of providing a reasonable opportunity for the union to defend itself against the allegations leading to cancellation. |
| Summary |
In the case before the National Industrial Relations Commission, the appeal was lodged by the Airways Employees Union of Pakistan International Airlines Corporation against the cancellation of its registration. The cancellation order was based on allegations that the union failed to conduct elections and submit annual returns as required by the Industrial Relations Ordinance. The Chairman of the Commission ruled that the union had ceased to exist due to non-compliance with these obligations. However, the union contested the decision, arguing that it had held elections and submitted necessary documents. The Commission found that the union was not properly notified of the cancellation and did not receive a show cause notice prior to the action taken against it. The court ruled in favor of the union, restoring its registration while allowing the possibility of future proceedings for cancellation if warranted. This case underscores the importance of due process and the rights of unions in maintaining their registrations, highlighting trending keywords like 'union registration', 'due process in labor law', and 'industrial relations compliance'. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
PAKISTAN INTERNATIONAL AIRLINES CORPORATION,
AIRWAYS EMPLOYEES UNION OF PIA, KARACHI
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD HUSSAIN CHAUDHRY,
GHULAM SARWAR KHERO
|
| Lawyers |
Ch. Muhammad Ashraf,
Muhammad Umer
|
| Petitioners |
AIRWAYS EMPLOYEES UNION OF PIA, KARACHI
|
| Respondents |
PAKISTAN INTERNATIONAL AIRLINES CORPORATION
|
| Citations |
2001 SLD 2150,
2001 PLC 198
|
| Other Citations |
1991 PLC 643,
1997 PLC 315
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission Procedure and Functions Regulations, 1973
|
| Sections |
7(i)(j),
10(3),
21,
22,
Regln. 15
|