| Case ID |
3b8e2025-e67a-42c6-9b49-e5b65e8e2a4c |
| Body |
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| Case Number |
KAR-439 of 1987 |
| Decision Date |
Aug 25, 1988 |
| Hearing Date |
|
| Decision |
The appeal filed by the AWAMI SILK MILLS WORKERS UNION against the order of the Sind Labour Court No. II at Karachi was dismissed. The appellant union's application under section 32(1-A) of the Industrial Relations Ordinance, 1969 was found to be not maintainable as the respondent management argued that the union did not meet the required membership criteria. The Labour Court's decision was upheld based on the principle that additional evidence cannot be introduced at the appellate stage to address omissions or weaknesses in the original case. The Tribunal emphasized that the inadvertence or negligence of a party is not a valid reason for allowing additional evidence. |
| Summary |
The case revolves around the appeal made by the AWAMI SILK MILLS WORKERS UNION against an order from the Sind Labour Court. The primary issue was the dismissal of the union's application under the Industrial Relations Ordinance, 1969. The union claimed to be a registered trade union with the status of C.B.A. and sought to enforce a Demand Notice. However, the management contested the union's legitimacy, stating that its office bearers were not employees of the establishment. The decision highlighted the importance of maintaining procedural integrity and emphasized that additional evidence cannot be introduced at the appellate stage to address prior omissions. This case serves as a critical reference for understanding the limitations imposed on the introduction of new evidence in appellate proceedings and the standards required for a trade union's standing under labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Khursheed Ahmed Siddiqui
|
| Petitioners |
AWAMI SILK MILLS WORKERS UNION
|
| Respondents |
Messrs AWAMI SILK MILLS
|
| Citations |
1989 SLD 1945,
1989 PLC 794
|
| Other Citations |
A I R 1931 (Privy Council 143)
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
26(1),
26(3),
32(1-A),
37
|