1990 PLP 296 (PLC)
EMPLOYEES' UNION Versus Messrs AHMED VEGETABLE OIL AND GHEE MILLS LTD. and another
| Citation | 1990 PLP 296 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali U. Qureshi, Appellate Tribunal |
| Parties | EMPLOYEES' UNION Versus Messrs AHMED VEGETABLE OIL AND GHEE MILLS LTD. and another |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 296 (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 1990 PLP 296 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali U. Qureshi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 296 (PLC) (EMPLOYEES' UNION Versus Messrs AHMED VEGETABLE OIL AND GHEE MILLS LTD. and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shabbir Ahmed Awan for Respondent No. 1.
- Date of hearing: 3rd April, 1989.
- 2. I have heard Mr. Nizamuddin Baloch, Advocate for the applicant and Mr. Shabbir Ahmed Awan, Advocate for the respondents.
Headnotes / Summary
‑‑‑Ss. 8 & 36‑‑‑Practice and procedure‑‑‑Interim injunction‑‑‑Registered Union‑ Labour Court, held, could not issue interim injunction restraining Registrar from registering Union after the Union had been registered with the Registrar or restraining office‑bearers from performing their function unless the office‑bearers were removed or the registration of the Union was cancelled in accordance with law. Nizamuddin Baloch for Applicant.
Judgment & Decree
Nizamuddin Baloch for Applicant. Shabbir Ahmed Awan for Respondent No.
1. Date of hearing: 3rd April, 1989. This is a revision application under section 38(3) of I.R.O., 1969, against the order dated 15‑2‑1989 passed by the learned Presiding Officer, Sind Labour Court No. VII at Sukkur whereby Registrar Trade Unions was restrained from registering the Union and Office‑bearers were restrained from functioning till further order.
2. I have heard Mr. Nizamuddin Baloch, Advocate for the applicant and Mr. Shabbir Ahmed Awan, Advocate for the respondents.
3. The question whether by an Interim Order the learned Labour Court could issue injunction against the Registrar restraining him from registering Trade Union was discussed at length by this Tribunal in the case of Crescent Garments Industries Limited v. Crescent Garment Industries Workers Union bearing Appeal No. KAR‑311 of 1988, decided on 7‑2‑1989 and it was held by this Tribunal that no such injunction could be issued by the Labour Court to, the Registrar. When asked to distinguish the present case from the above case Mr. Shabbir Ahmed Awan submitted that in the decided case the workers had gone on illegal strike and the management had come to the Labour Court for directing the Registrar for cancellation of registration of the union, whereas in the instant case on the day, when union was being registered, the management moved the Labour Court for permanent injunction against the registration of the union on various grounds mentioned in the application. I need not go in the merits of this case, as it is likely to prejudice the parties in the proceedings before the learned Labour Court. The fact remains that before the issue of injunction the union had been registered and as such no injunction by way of Interim Order could be issued to the Registrar as prayed by the respondent. Similarly after the registration of the union the office‑bearers also cannot be restrained from performing functions by Interim Order unless they are removed or registration of the union is cancelled in accordance with the provisions of law. In view of the above legal position the order passed by the learned Labour Court is not in accordance with law and is, therefore, set aside.
4. The Revision application is disposed of in the above terms. A.E./1433/Lb. S Application accepted.