| Case ID |
3d30d523-d834-49fc-b836-97d6d6d17720 |
| Body |
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| Case Number |
Civil Petition No. 156-K of 1998 |
| Decision Date |
Apr 15, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the High Court which had held that the registration of the respondent union was valid. The Court noted that the Registrar had conducted necessary inquiries and was satisfied with the compliance of the requirements laid out in the Industrial Relations Ordinance. The petitioners, being a registered trade union, lacked standing to challenge the registration of another union on grounds of procedural irregularities since the matter of registration is between the union applying and the Registrar. The High Court's constitutional jurisdiction was upheld, emphasizing that jurisdictional facts are not immune from scrutiny but require a proper basis for interference. The Court also clarified that the Registrar is not obliged to consult other unions or employers during the inquiry process. |
| Summary |
The case revolves around the registration of trade unions under the Industrial Relations Ordinance, 1969. The Essa Cement Industries Workers Union challenged the registration of another union by the Registrar of Trade Unions, contending that the new union did not meet the necessary criteria, including having a majority of workers as members. The Supreme Court of Pakistan upheld the Registrar's decision, emphasizing the importance of thorough inquiries and the proper application of legal standards in union registration. This case highlights the procedural aspects of trade union registration and the jurisdiction of the courts in reviewing such administrative decisions. Key terms include 'trade union registration', 'Industrial Relations Ordinance', and 'constitutional jurisdiction of the High Court', which are crucial for understanding labor laws and workers' rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Essa Cement Industries Limited
|
| Judges |
AJMAL MIAN, C.J.,
SAIDUZZAMAN SIDDIQUI,
MAMOON KAZI, JJ
|
| Lawyers |
M.L. Shahani, Advocate Supreme Court,
K.A. Wahab, Advocate-on-Record
|
| Petitioners |
ESSA CEMENT INDUSTRIES WORKERS UNION
|
| Respondents |
4 others,
PREGISTRAR OF TRADE UNIONS, HYDERABAD REGION, HYDERABAD
|
| Citations |
1998 SLD 807,
1998 SCMR 1964
|
| Other Citations |
Bata Shoe Co. (Pakistan) Ltd. v. Registrar, Trade Unions of Sindh PLD 1978 Kar. 567,
Holiday Inn Workers' Union v, Registrar of Trade Union 1992 PLC 23,
National Beverage Employees' Union v Registrar, Trade Unions, Government of Sindh 1986 PLC 533
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
7(2),
8,
10,
199,
185(3)
|