1989 PLP 478(1) (PLC)
Present: Abdul Aziz Memon, Member Versus LA ROSH RESTAURANT and 6 others
| Citation | 1989 PLP 478(1) (PLC) |
| Forum / Court | National Industrial Relations Commission |
| Bench Members | Abdul Aziz Memon, Member |
| Parties | Present: Abdul Aziz Memon, Member Versus LA ROSH RESTAURANT and 6 others |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 478(1) (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 478(1) (PLC)?
The case was heard and decided by the National Industrial Relations Commission bench comprising: Abdul Aziz Memon, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 478(1) (PLC) (Present: Abdul Aziz Memon, Member Versus LA ROSH RESTAURANT and 6 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑Ss. 14 & 22‑B‑‑Petition before National Industrial Relations Commission Locus standi‑‑Trade union is a body corporate, and can sue and be sued in it registered name‑‑Unless registered, a Trade Union cannot sue‑‑Petition by un registered union thus was not maintainable. Nemo for the Parties.
Judgment & Decree
Nemo for the Parties. There is an objection to the maintainability of this petition on the ground that La Rosh Restaurant and Caterers Labour Union, the petitioner herein, is not a registered body and as such cannot maintain this petition.
2. Notice of memo of the objection was given to the petitioner who have failed to file the objection. I have, therefore, heard the parties.
3. I think only a juristic person can sue. Persons are of two kinds; natural and artificial. A human being is a natural person. Artificial persons include a collection or succession of natural persons forming a corporation. Term "person" is defined under Article 260 of 1973 Constitution of Pakistan, as person and includes any body politic or corporate.
4. A Trade Union is no doubt, under section 14 of the Industrial Relations Ordinance, 1969, a body corporate, who can sue and be sued in its registered name. It follows that a union cannot sue unless it is registered. A petition filed by an unregistered union is therefore not maintainable. The petition is accordingly dismissed as non‑maintainable. A.E./141/NIRC Application dismissed.