| Case ID |
43fe012a-62ba-4503-8475-8bc286cbcbe9 |
| Body |
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| Case Number |
C.P. No.S-646 of 2014 |
| Decision Date |
Aug 18, 2022 |
| Hearing Date |
Oct 25, 2021 |
| Decision |
The Sindh High Court ruled in favor of Engro Foods Ltd., declaring that the registration of the trade union by provincial authorities was overridden by federal law due to the petitioner being classified as a trans-provincial establishment. The court found that the registration certificate issued under the Sindh Industrial Relations Act, 2013, was invalid as it contradicted the provisions of the Industrial Relations Act, 2012, which had already recognized the petitioner as a trans-provincial entity. Consequently, the proceedings pending before the Registrar of Trade Unions were abated, and the court directed the Registrar to amend the register accordingly, thereby allowing the petition. |
| Summary |
In the case of C.P. No.S-646 of 2014, the Sindh High Court addressed the complexities surrounding the registration of trade unions under conflicting provincial and federal laws. The petitioner, Engro Foods Ltd., argued that the registration of a union by provincial authorities was invalid due to its status as a trans-provincial establishment. The court analyzed the implications of the Sindh Industrial Relations Act, 2013, and the Industrial Relations Act, 2012, concluding that the latter superseded the former due to federal jurisdiction over trans-provincial entities. The ruling emphasized the importance of proper legal recognition and the adherence to established laws governing trade union registrations. This case highlights the legal intricacies of labor relations and the necessity for compliance with federal regulations in the context of provincial laws, making it a significant reference point for future cases involving trade unions and employer rights. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Registrar of Trade Unions,
Engro Foods Ltd.
|
| Judges |
Adnan Iqbal Chaudhry
|
| Lawyers |
Faisal Mahmood Ghani for Petitioner,
Nemo for Respondents Nos.1 and 4,
Jamshed Ahmed Faiz for Respondent No.2,
Ch. Azhar Elahi for Respondents Nos.3 and 5,
Ayaz Ali Rajpar, Assistant Advocate General, Sindh for Respondent No.6
|
| Petitioners |
ENGRO FOODS LTD.
|
| Respondents |
Others,
REGISTRAR OF TRADE UNION
|
| Citations |
2024 SLD 2603,
2024 PLC 11
|
| Other Citations |
Sui Southern Gas Company Ltd. v. Federation of Pakistan 2018 SCMR 802,
Hakimsons Chemical Industries (Pvt.) Ltd. v. Registrar of Trade Unions (West), Government of Sindh 1999 SCMR 234,
Essa Cement Industries Workers Union v. Registrar of Trade Unions, Hyderabad Region 1998 SCMR 1964,
Sui Southern Gas Company Ltd. v. Registrar of Trade Unions 2020 SCMR 638,
KESC v. NIRC PLD 2014 Sindh 553 = 2015 PLC 1,
Pakistan Telecommunication Company Ltd. v. Member NIRC 2014 SCMR 535
|
| Laws Involved |
Sindh Industrial Relations Act, 2013,
Industrial Relations Act, 2012,
Constitution of Pakistan, 1973
|
| Sections |
2(xxxii),
12,
24,
43,
9,
10,
143
|