| Case ID |
f7e48076-3ad6-4252-ac2e-aa9ca6535483 |
| Body |
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| Case Number |
KAR-508 of 1996 |
| Decision Date |
Oct 31, 1996 |
| Hearing Date |
Oct 31, 1996 |
| Decision |
The Labour Appellate Tribunal ruled that the Labour Court had no authority to grant interim injunctions under the Civil Procedure Code regarding the registration and functioning of trade unions. The court emphasized that the Labour Court must adhere to the specific procedures outlined in the Industrial Relations Ordinance. The Labour Court's actions were deemed to have overstepped its jurisdiction by acting like a Civil Court, without following the mandated negotiation and dispute resolution processes. Consequently, the injunction granted by the Labour Court was declared without lawful authority and set aside, affirming the legal framework governing trade unions and collective bargaining agents. |
| Summary |
This case involves a dispute between the Fauji Oil Terminal and Distribution Co. Ltd. and its registered employees' union regarding the legality of an issued strike notice and the authority of the Labour Court to intervene. The tribunal highlighted the importance of the Industrial Relations Ordinance as the governing law for such disputes, emphasizing that the Labour Court cannot issue injunctions that interfere with the legal powers of trade unions or their registration. The decision reaffirms the procedural integrity required in industrial relations, ensuring that all parties adhere to the correct legal frameworks for dispute resolution. This case serves as a critical precedent in the realm of industrial law, particularly in the context of trade union rights and the jurisdictional boundaries of Labour Courts. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD.,
FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD., EMPLOYEES UNION (REGD.) AND C.B.A.
|
| Judges |
MUSHTAQ ALI QAZI
|
| Lawyers |
Shafiq Quraishi,
Qamaruddin Hassan,
Nemo
|
| Petitioners |
FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD., EMPLOYEES UNION (REGD.) AND C.B.A.
|
| Respondents |
2 others,
FAUJI OIL TERMINAL AND DISTRIBUTION CO. LTD., KARACHI,
Deputy Manager (Administration)
|
| Citations |
1997 SLD 857,
1997 PLC 547
|
| Other Citations |
Brooke Bond Pakistan Limited v. Sindh Labour Court, Karachi 1973 PLC 111,
PLD 1978 Kar. 612,
National Bank of Pakistan Employees Front v. Third Sindh Labour Court, Karachi 1980 PLC 339
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908)
|
| Sections |
26 to 33 & 35(5),
8,
10,
35(5),
O. XXXIX, Rr. 1 & 2
|