1092 PLP 1108 (PLC)
Sugar Mills Limited, Bahawalpur Versus REGISTRAR, TRADE UNIONS, BAHAWALPUR
| Citation | 1092 PLP 1108 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | Sugar Mills Limited, Bahawalpur Versus REGISTRAR, TRADE UNIONS, BAHAWALPUR |
| Primary Law | Industrial dispute |
Q1: What are the key laws and sections cited in 1092 PLP 1108 (PLC)?
This judgment primarily cites: Industrial dispute as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1092 PLP 1108 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Abdul Ghafoor Khan Lodhi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1092 PLP 1108 (PLC) (Sugar Mills Limited, Bahawalpur Versus REGISTRAR, TRADE UNIONS, BAHAWALPUR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shabbir Ahmad Bhutta for Petitioner.
- Date of hearing: 30th November, 1991.
Headnotes / Summary
Inquiry was conducted in absence of General Secretary, of Trade Union and' registration was disallowed
Inquiry should have been conducted in presence of General Secretary and if he was not available on relevant date another date of inquiry should have been fixed and notice of inquiry served upon General Secretary
Petitioner-union having been condemned unheard, Registrar was directed to hold fresh inquiry in presence of representative of petitioner-Union and re-decide prayer for registration of union.
Judgment & Decree
Revision No. 617 of 1991, decided on 30th November, 1991.
Inquiry was conducted in absence of General Secretary, of Trade Union and' registration was disallowed
Inquiry should have been conducted in presence of General Secretary and if he was not available on relevant date another date of inquiry should have been fixed and notice of inquiry served upon General Secretary
Petitioner-union having been condemned unheard, Registrar was directed to hold fresh inquiry in presence of representative of petitioner-Union and re-decide prayer for registration of union. Shabbir Ahmad Bhutta for Petitioner. Date of hearing: 30th November, 1991. This is a revision reporting that the order dated 6-10-1991 recorded by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur, whereby the appeal brought by the petitioner-Union was dismissed, is wrong and improper.
2. The facts are that the petitioner-Union came into existence and papers were sent to the respondent for registration of the Union. The Registrar directed the Assistant Director, Labour to hold inquiry. The inquiry was held but not in the presence of the General Secretary of the petitioner Union, or any office-holder duly authorised by the said Union. In the impugned order the learned lower Court admits that the General Secretary was not present during the inquiry, but has observed that a proposed Chairman namely Mr. Abdul Ghafoor had remained present. The representative of the Registrar has brought the record and has failed to show that Mr. Abdul Ghafoor had been authorised by the petitioner-Union to participate in the inquiry on behalf of the petitioner-Union. In the absence of any such evidence, it cannot be said that Mr. Abdul Ghafoor was in reality the representative of the petitioner-Union. The representative of the Registrar says that the General Secretary Mr. Zahoor Shah was tried to be contacted but in vain since he was not available. If it was so, another date of inquiry should have been fixed and notice of inquiry served upon the General Secretary. The petitioner-Union, therefore, has been condemned unheard by disallowing their application for registration.
3. As a result of the observations made above, the revision is accepted and setting aside the impugned order of the learned lower Court as well as the order of the Registrar by which he refused to register the petitioner-Union, the Registrar is directed to hold fresh inquiry in the presence of the representative of the petitioner-Union and re-decide prayer for the registration of the union. A.A./741/Lb.P Case remanded.