| Case ID |
e9e52dd1-0585-478c-a02e-39b53c83a770 |
| Body |
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| Case Number |
Constitutional Petition No.S-33 of 2011 |
| Decision Date |
May 02, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Messrs TNB Liberty Power Ltd. The court found that the petitioner lacked locus standi, as they were not aggrieved by the registration of a trade union which was established by workers unrelated to the petitioner’s establishment. The court ruled that the authorities were not required to afford a hearing prior to the registration of the trade union, and the petitioner had an alternate remedy to appeal before the Labour Court under Section 50 of the Industrial Relations Ordinance. The court determined that the petition was filed incompetently, as there was no proper authorization from the Board of Directors of the petitioner company, thus failing to meet the legal requirements for filing such a petition. Consequently, the court upheld the registration of the trade union and dismissed the petition. |
| Summary |
In the case of Messrs TNB Liberty Power Ltd. vs. Director of Labour, Government of Sindh, the Sindh High Court addressed significant issues regarding the registration of trade unions and the maintainability of constitutional petitions. The petitioner challenged the unilateral issuance of a trade union registration certificate, arguing that it involved workers from unrelated establishments. The court emphasized the principle of freedom of association under the Industrial Relations Act and noted that the petitioner had alternate remedies available through the Labour Court. The ruling highlighted the necessity of proper authorization for legal representation and affirmed the legal framework surrounding trade union registration. The decision serves as a critical reference for future cases involving labor rights and constitutional petitions, ensuring that employers' rights and workers' rights are balanced in accordance with prevailing laws. Keywords such as 'trade union registration', 'constitutional petition', 'Sindh High Court', and 'industrial relations' are essential for understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
TNB Liberty Power Ltd.,
Director of Labour, Government of Sindh
|
| Judges |
HASSAN FEROZE, J
|
| Lawyers |
S.S. Jehangir Khan,
Syed Sardar Hussain Shah,
Abdul Ghani Khan,
Mukhtiar Ahmed Khanzada
|
| Petitioners |
Messrs TNB LIBERTY POWER LTD.
|
| Respondents |
Respondent No.3,
Respondent No.4,
DIRECTOR OF LABOUR, GOVERNMENT OF SINDH
|
| Citations |
2014 SLD 2666,
2014 PLC 382
|
| Other Citations |
National Foods Limited v. Registrar of Trade Unions Government of Sindh and another 2008 PLC 260,
Messrs Hakimsons Chemical Industries (Pvt.) Limited, Karachi through General Manager v. Registrar of Trade Unions (West), Government of Sindh, Karachi and another 1997 PLC 746,
Messers Hakim Sons Chemical Industries (Pvt.) Limited v. The Registrar of Trade Unions (West) Government of Sindh and others 1999 SCMR 234,
Muhammad Gul Kakar v. P.O. Balochistan 1998 SCMR 1964,
Messrs Forbes Forbes Campbell & Co. (Pvt.) Ltd. v. Registrar of Trade Unions and another 1999 PLC 312,
S.G. Fibre Employees Union through General Secretary v. Registrar of Trade Unions of Sindh and 5 others 2003 PLC 58,
Lucky Textile Mills through Managing Partner v. Mazdoor Union of Luck Textile Mills through General Secretary and 3 others 2007 PLC 366,
Messrs Naveena Exports Ltd. v. Directorate of Labour, Government of Sindh East Division and 3 others 2010 PLC 148
|
| Laws Involved |
Industrial Relations Act (X of 2012),
Industrial Relation Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908),
Constitution of Pakistan
|
| Sections |
3,
9(1)(2),
3,
50,
O.XIX R.1,
Arts.199,
17
|