| Case ID |
d489f265-2d9a-4bd9-bd86-579616228c7e |
| Body |
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| Case Number |
Appeal No.22 with Civil Miscellaneous No.22 of 199 |
| Decision Date |
Jun 09, 1994 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the petition filed by the employer was deemed premature. The Labour Court found that the application for registration of the trade union was legal and competent, and the proceedings conducted by the Enquiry Officer were elaborate and exhaustive. The employer should have awaited the final decision of the Registrar, Trade Unions on the report of the Enquiry Officer before approaching the Labour Court. The findings of the Enquiry Officer were not shown to have any defects, and thus, the appeal lacked merit. |
| Summary |
This case revolves around the application for registration of a trade union by THE SARHAD GHEE MILLS LIMITED, which was challenged by the employer in the Labour Court. The Labour Appellate Tribunal dismissed the appeal stating that the employer's petition was premature because the Registrar of Trade Unions had not yet made a final decision on the application. The Enquiry Officer's report found the application legal and competent, and the Tribunal upheld this finding. This case highlights the importance of following procedural requirements in industrial relations and the necessity for employers to await the outcome of official proceedings before seeking judicial intervention. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
THE SARHAD GHEE MILLS LIMITED,
THE REGISTRAR, TRADE UNIONS
|
| Judges |
Abdur Rehman Khan
|
| Lawyers |
Muhammad Anwar Khan,
Muhammad Ashraf Khan
|
| Petitioners |
THE SARHAD GHEE MILLS LIMITED
|
| Respondents |
others,
THE REGISTRAR, TRADE UNIONS
|
| Citations |
1998 SLD 1256 = 1998 PLC 162
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
5,
8,
10,
34
|