| Case ID |
3039763b-af90-49d3-bcac-73b8486fce95 |
| Body |
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| Case Number |
Constitutional Petition No. S-22 of 1987 |
| Decision Date |
Sep 16, 1991 |
| Hearing Date |
Sep 16, 1991 |
| Decision |
The petition was allowed in part due to the Registrar's failure to adequately consider the petitioner's objections regarding the improper registration of the respondent No. 2-Union. The court emphasized that the registration process requires a careful examination of the compliance with legal requirements, particularly section 7(2)(b) of the Industrial Relations Ordinance. The petitioner's grievance was deemed pending before the Registrar for proper consideration and hearing, highlighting the importance of procedural fairness in the registration of trade unions. |
| Summary |
The case revolves around the registration of trade unions under the Industrial Relations Ordinance (XXIII of 1969). The petitioner, Holiday Inn Workers Union, contested the registration of a rival union, arguing that it violated section 7(2)(b) of the ordinance due to the existence of already registered unions in the same establishment. The Sindh High Court ruled that the Registrar of Trade Unions failed to follow due process and did not adequately consider the petitioner's objections, thus allowing the petition in part. The ruling underscores the importance of compliance with legal requirements in trade union registration and the need for judicial oversight in such matters. The case highlights critical issues in labor law, particularly regarding workers' rights and the procedural integrity of trade union registrations. This ruling is significant for labor unions and advocates, as it reinforces the necessity for fairness and adherence to legal standards in the registration process. The decision also emphasizes the discretionary nature of constitutional jurisdiction, which should always aim to uphold justice and not perpetuate injustice. |
| Court |
Sindh High Court
|
| Entities Involved |
Holiday Inn Hotel
|
| Judges |
WAJIHUDDIN AHMAD, J
|
| Lawyers |
M.L. Shahani,
Mirza Muhammad Kazim Baig
|
| Petitioners |
HOLIDAY INN WORKERS UNIONS
|
| Respondents |
2 others,
REGISTRAR OF TRADE UNION
|
| Citations |
1992 SLD 599,
1992 PLC 23
|
| Other Citations |
Khas Traders v. Registrar Trade Unions 1990 P L C 351,
Abdul Jamil v. Registrar of Trade Unions PLD 1971 Lah. 220,
Bata Shoe Co., (Pak.) Ltd. v. Registrar of Trade Unions PLD 1978 Kar. 567,
National Beverage Employees Union v. Registrar 1986 P L C 533,
Ali Sher v. Registrar of Trade Unions, Sindh 1983 PLC 171
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
7(2)(b),
8,
10,
199
|