| Case ID |
42fa29fa-6d2d-4ffb-b1d9-28dc28dcd8c6 |
| Body |
View case body. Login to View |
| Case Number |
D-5397 and D-5454 of 2013 |
| Decision Date |
Feb 10, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioners, overturning the cancellation of their trade union registrations. The court found that the Registrar of Trade Unions had not followed due process as mandated under the Industrial Relations Ordinance, 2002. Specifically, the court noted that there was no inquiry conducted nor any show-cause notice issued prior to the cancellation of the registrations. The court emphasized the necessity of adhering to principles of natural justice in such matters, allowing the petitioners to challenge the cancellation effectively. The Registrar was given the liberty to take lawful actions in the future, should they choose to do so. |
| Summary |
In the case of Karachi Port Trust Employees Union (Regd.) vs. Federation of Pakistan, the Sindh High Court addressed the unlawful cancellation of trade union registrations under the Industrial Relations Ordinance, 2002. The petitioners, representing registered trade unions, contested their cancellations, arguing that no proper inquiry or notification was conducted prior to the Registrar's decision. The court found that the Registrar had failed to observe due process, violating the petitioners' rights to a fair hearing. The judgment emphasizes the need for transparency and adherence to legal protocols in administrative actions regarding trade unions. This case highlights the importance of protecting workers' rights and ensuring that trade unions operate within the legal framework. The ruling sets a precedent for future cases involving trade union registrations and the necessity of following legal procedures. Keywords: Karachi Port Trust, trade unions, Industrial Relations Ordinance, 2002, legal rights, administrative law. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Port Trust,
Karachi Port Trust Employees Union
|
| Judges |
MUHAMMAD ALI MAZHAR,
ABDUL RASOOL MEMON
|
| Lawyers |
S. Ehsan Ahmed Karim,
S. Shoa-un-Nabi,
M. Rizwan Saeed,
Abdul Jalil Zubedi,
Gulfam Nabi Memon,
Syed Farrukh H. Zaidi
|
| Petitioners |
KARACHI PORT TRUST EMPLOYEES UNION (REGD.) (SHAMMA)
|
| Respondents |
FEDERATION OF PAKISTAN,
Secretary, Ministry of Ports and Shipping Pakistan,
Registrar Trade Union
|
| Citations |
2014 SLD 2644 = 2014 PLC 200
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 2002
|
| Sections |
12(3)(iv)
|