| Case ID |
ffcc908a-cabd-4bc0-a3f9-30fa6e611bca |
| Body |
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| Case Number |
258 of 1975 |
| Decision Date |
Feb 16, 1976 |
| Hearing Date |
Jan 29, 1976 |
| Decision |
The complaint filed by the second respondent against the petitioners was deemed incompetent and therefore not maintainable. The petitioners argued that only the Registrar of Trade Unions or a person authorized by the Registrar could file a complaint under section 13(b) of the Industrial Relations Ordinance, 1969. The court found this argument convincing, holding that the second respondent did not have the standing to lodge the complaint directly. Consequently, the petition was allowed, and the parties were left to bear their own costs. |
| Summary |
In the case of Muhammad Akram and Another versus Second Sind Labour Court, Karachi and Another, the petitioners, officers of National Cement Industries Limited, challenged a complaint filed by a workman and General Secretary of the National Cement Industries Mazdoor Union under the Industrial Relations Ordinance, 1969. The complaint alleged non-compliance with the requirement to hold Works Council meetings at least once a month, as stipulated in Rule 65 of the Industrial Relations (Sind) Rules, 1973. The petitioners contended that only the Registrar of Trade Unions or a person authorized by the Registrar could file such a complaint, as per section 13(b) of the Ordinance. The Sindh High Court, presided by Zakaullah Lodhi, J, agreed with the petitioners, ruling that the complaint filed by the second respondent was legally incompetent. This decision underscores the procedural requirements for lodging complaints in labor disputes, emphasizing the role of the Registrar in such proceedings. The case highlights the importance of adhering to statutory provisions when initiating legal action. Keywords for this case include 'Industrial Relations Ordinance', 'Sindh High Court', 'Trade Unions', and 'Labour Court'. |
| Court |
Sindh High Court
|
| Entities Involved |
National Cement Industries Limited,
National Cement Industries Mazdoor Union
|
| Judges |
Zakaullah Lodhi, J
|
| Lawyers |
Noor Muhammad,
Shahenshah Hussain
|
| Petitioners |
Another,
Muhammad Akram
|
| Respondents |
Another,
Second Sind Labour Court, Karachi
|
| Citations |
1976 SLD 900,
1976 PLC 719
|
| Other Citations |
Constitutional Petition No. 266 of 1975
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Industrial Relations (Sind) Rules, 1973
|
| Sections |
13(b),
65,
74
|