| Case ID |
43b2abf3-e067-4b33-b6fc-9a8878defb15 |
| Body |
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| Case Number |
C.P: No. 56 of 1994 |
| Decision Date |
Jul 07, 1994 |
| Hearing Date |
Jun 27, 1994 |
| Decision |
The petitioners' claims regarding the referendum held on February 9, 1994, were dismissed as the court ruled that individual workers cannot challenge the designation of a Collective Bargaining Agent (CBA) which is determined through a process involving trade unions. The court emphasized that the procedure followed in the referendum was valid and adhered to the requirements set forth in the Industrial Relations Ordinance. The court also highlighted that the petitioners had alternative remedies available through the Labour Court, which they had already pursued. Thus, the court found no grounds to exercise its extraordinary constitutional jurisdiction in this matter. |
| Summary |
In the case of MUHAMMAD AFZAL and others vs REGISTRAR OF TRADE UNIONS, BALOCHISTAN, the Quetta High Court addressed critical issues surrounding the determination of a Collective Bargaining Agent (CBA) under the Industrial Relations Ordinance (XXIII of 1969). The case arose from a dispute over a referendum held on February 9, 1994, which declared Gatron (Industries) Labour Union as the CBA. The petitioners challenged the legality of the referendum, asserting that it was conducted improperly and without adequate notice to all relevant parties, particularly the industry-wise unions. However, the court ruled that the referendum process was valid and that individual workers do not possess the standing to contest the CBA designation, which is inherently a matter between registered trade unions. The decision underscored the importance of adhering to established procedures in labor relations while also affirming the principle that disputes regarding trade union elections should primarily be resolved within the framework of the Labour Court rather than through constitutional petitions. The ruling serves as a significant precedent in labor law, emphasizing the legal boundaries of individual participation in collective labor matters. |
| Court |
Quetta High Court
|
| Entities Involved |
Gatron (Industries) Limited,
Gatron (Industries) Labour Union,
Gatron Industries Mazdoor Union,
Gatron (Industries) Workers' Union,
Gatron (Labour Itihad Union)
|
| Judges |
MUNAWAR AHMED MIRZA, C.J.,
JAVED IQBAL, J
|
| Lawyers |
Muhammad Shafiq Qureshi,
Ch. Muhammad Aishad,
Tariq Mehmood,
Mr. Yakub,
Mr. Aslam
|
| Petitioners |
7 others,
MUHAMMAD AFZAL
|
| Respondents |
7 others,
REGISTRAR OF TRADE UNIONS, BALOCHISTAN
|
| Citations |
1994 SLD 330,
1994 PLC 735
|
| Other Citations |
1981 PLC 279,
1990 SCMR 32,
PLJ 1990 SC 528,
1982 PLC 256,
1976 PLC 387,
1992 PLC 1044,
1993 PLC 706,
1990 PLC (C.S.) 424,
1987 PLC 723,
1983 PLC 417,
1992 PLC 715,
PLD 1981 SC 571,
PLD 1979 Quetta 66,
PLD 1980 SC (AJ&K) 5,
1970 SCMR 853,
1981 SCMR 758,
PLD 1986 Quetta 93,
1991 PLC 38,
1991 PLC 158
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
22(10),
22(13),
8(7),
199
|