PLC 2007

2007NIRC2211 (PLP)

DADABHOY CEMENT INDUSTRIES LTD. Through Resident/General Secretary and another Versus NATIONAL LABOUR UNION DADABHOY CEMENT INDUSTRIES LTD. and others

Jurisdiction / Court
National Industrial Relations Commission
Decided Date
Appeal No.12(54) of 2001-L, decided on 20th September, 2005.
Honorable Judges
Justice (Retd.) Tanvir Ahmed Khan, Chairman, Syed Akhtar Naqi Naqvi, Senior Member and Nasar Hayat, Secretary Labour Sindh/Member
Case Reference Summary (AEO Optimized)
Citation 2007NIRC2211 (PLP)
Forum / Court National Industrial Relations Commission
Bench Members Justice (Retd.) Tanvir Ahmed Khan, Chairman, Syed Akhtar Naqi Naqvi, Senior Member and Nasar Hayat, Secretary Labour Sindh/Member
Parties DADABHOY CEMENT INDUSTRIES LTD. Through Resident/General Secretary and another Versus NATIONAL LABOUR UNION DADABHOY CEMENT INDUSTRIES LTD. and others
Primary Law Industrial Relations Ordinance (XCI of 2002)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007NIRC2211 (PLP)?

This judgment primarily cites: Industrial Relations Ordinance (XCI of 2002) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007NIRC2211 (PLP)?

The case was heard and decided by the National Industrial Relations Commission bench comprising: Justice (Retd.) Tanvir Ahmed Khan, Chairman, Syed Akhtar Naqi Naqvi, Senior Member and Nasar Hayat, Secretary Labour Sindh/Member.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2007NIRC2211 (PLP) (DADABHOY CEMENT INDUSTRIES LTD. Through Resident/General Secretary and another Versus NATIONAL LABOUR UNION DADABHOY CEMENT INDUSTRIES LTD. and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Ordinance (XCI of 2002)

Representation

  • Muhammad Shafique Qureshi for Appellants.
  • Azhar Elahi for Respondent No.1.
  • Faisal Mahmood Ghani for Respondent No.4.

Headnotes / Summary

S. 52

Appeal

Maintainability

Appeal, in the present case, was only directed against determination and certification of Collective Bargaining Unit for the establishment, the period of which had already expired, appeal in circumstances had become infructuous

Appellant for issuance of a direction to the Registrar of Trade Unions to register appellant's union, could approach the proper forum in accordance with law and rules for the redress of his grievance as no such direction could be given in appeal which was only directed against the order for determination of Collective Bargaining Units.

Judgment & Decree

This appeal which was filed as far back as on 5th of July, 2000 was directed against the judgment, dated 17th of June, 2000 whereby, the learned single Member determined and certified all the establishments of the respondents located throughout Pakistan except Azad Kashmir and Northern Areas as one collective bargaining unit for a period of five years. The matter remained pending and could not be finalized for one reason or the other. Learned counsel appearing for the respondent Mr. Faisal Mehmood Ghani has argued that the present appeal has become infructuous by afflux of time as the period of five years determined/ certified by the learned Single Member had already expired. Faced with this situation learned counsel appearing for the appellant has stated that a direction be issued to the Registrar of 'Trade Unions Hyderabad Region to register the appellant's union. We have considered the contention and have gone through the documents appended with this appeal. This appeal is only directed against the determination and certification of collective bargaining unit for the respondent establishments the period of which as earlier staled has already expired. This being the position the present appeal in the circumstances has become infructuous. As regard the plea of appellant's for issuance of a direction of the Registrar is concerned, the appellant shall approach the proper forum in accordance with law and rules for the redressal of his grievance as no such direction can be given in the present appeal which was only directed against the order for determination of collective bargaining unit. Disposed of in the above terms. H.B.T./158/NIRC Order accordingly.