Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Application No. 321 of 1972, decided on 15th September 1972.
-----S. 10‑‑Cancellation of registration---contravention of its constitution by Trade Union‑Failure to hold elections at time prescribed by Union's constitution‑Delay explained due to waiting for new Labour Policy‑No good ground for contra vention of constitution of Union‑Application of Registrar for cancellation of registration, in circumstances, granted.
Shaukat Danyal for Petitioner.
Sakhawat Ali in n person.
The Registrar of Trade Unions, Sargodha Region, Lyallpur has moved tins application under section 10 of the I. R. U., 1969, with the prayer that a direction may be given to him to cancel the registration of the respondent Union, as it has contravened the provisions of its own constitution in that the elections of the office‑bearers of the Union were not held in the months of March and April, as provided in Article 10 (a) of the constitution of the respondent.
In the reply statement, it is admitted that the elections of the office‑bearers were not held in the months of March and April. It is stated that the elections could not be held due to the fact that tire New Labour Policy was awaited. It is further submitted that the Union intended to hold elections in the month of July but was restrained from doing so by the order of the civil Court dated 22‑7‑72. The fact that the New Labour Policy was being awaited was no ground to postpone the elections in contravention of Article 10 of the Constitution. An unattested copy of the stay order issued by the civil Court shows that the application in that Court was moved on 21‑7‑72 when the contravention had already been committed. Section 10 (ii) of the I. R. O. provides that the registration of a Trade Union shall be cancelled on the direction of the Labour Court if the Trade Union has contravened any of the provisions of its constitution. In the instant case r is admitted that the election were not held in the months of March and April as provided in Article 10 of the Union's constitution. The provisions A the constitution were therefore contravened.
I therefore direct the Registrar to cancel the registration of the respondent‑Union.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer