1995 PLP 563 (PLC)
LAHORE MUNICIPAL CORPORATION YOUNG TEACHERS FRONT through General Secretary Versus REGISTRAR OF TRADE UNIONS, LAHORE REGION, LAHORE
| Citation | 1995 PLP 563 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | LAHORE MUNICIPAL CORPORATION YOUNG TEACHERS FRONT through General Secretary Versus REGISTRAR OF TRADE UNIONS, LAHORE REGION, LAHORE |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 563 (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 1995 PLP 563 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar Muhammad 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: 1995 PLP 563 (PLC) (LAHORE MUNICIPAL CORPORATION YOUNG TEACHERS FRONT through General Secretary Versus REGISTRAR OF TRADE UNIONS, LAHORE REGION, LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Abdul Hamid Talib for Appellant.
- Ahsan Ali Bokhari, Representative for Respondent,
- Date of hearing: 1st December, 1986.
Headnotes / Summary
‑‑‑‑Ss. 11, 36 & 38(3)‑‑‑"Review"‑‑‑Ex parte order‑‑‑Application for setting aside such order, held, does not amount to review of previous order‑‑‑ Application of Registrar for permission to cancel registration of Trade Union' of workers, Trade Union not appearing and ex parte proceedings conducted allowing cancellation of registration‑‑‑Trade Union subsequently moving application for setting aside ex parte order on grounds of absence for good reasons‑‑‑Labour Court rejected application on plea that it had no powers of review‑‑‑Held: application for setting aside ex parte order would not amount to review‑‑‑Order of Labour Court set aside and application for setting aside ex parte decision remanded to Labour Court for decision on merits.
Judgment & Decree
Rana Abdul Hamid Talib for Appellant. Ahsan Ali Bokhari, Representative for Respondent, Date of hearing: 1st December, 1986. This is an appeal brought under section 11 of the Industrial Relations Ordinance, 1969 against the order dated 9‑7‑1986, whereby the appellant union was proceeded ex parte and the order dated 17‑9‑1986 when the learned Punjab Labour Court No. 2, Lahore accepted the petition of the Registrar ex parte.
2. The Registrar had moved the learned lower Court for permission to cancel the registration of the appellant union. None appeared on behalf of the appellant 9n the date fixed, therefore, the appellant was proceeded against ex parte, and on 17‑9‑1986 an ex parte decision was recorded allowing the Registrar to cancel the registration of the appellant union. The appellant moved an application for setting aside the ex parte decision but the petition has been rejected on the ground that the Court has no powers of review. No question of reviewing the order, dated 17‑9‑1986 arose. The appellant had asked the learned lower Court for setting aside the ex parte decision dated 17‑9‑1986 on the ground that his absence on 9‑7‑1986 was for good reasons. No prayer has been made for reviewing the order nor it was said that there was any error in the said order. If the learned lower Court‑could proceed ex parte against the appellant for the non‑appearance, it could set aside the ex parte decision as well if good cause had been shown in order to enable the appellant to contest the application brought by the respondent. The Representative of the respondent has not been able to say anything against this view.
3. As a result, the appeal is accepted and setting aside the order, dated 17‑9‑1986, the application given by the appellant for setting aside the ex parte decision is remanded for decision on merits. A.E./243/Lb.P ??????????????????????????????????????????????????????????????????????? Appeal accepted.