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ALLIED TEXTILE MILLS\' LABOUR UNION versus REGISTRAR OF TRADE UNIONS AND ANOTHER


Industrial Relations Ordinance 1969 Section 10 Cancellation of Registration Labor Court Can't Cancel Registration but Can Release Directive

1976 P L C 96

[Labour Appellate Tribunal Sind]

Present, Ghulam Rasool Shaikh, Appellate Tribunal

ALLIED TEXTILE MILLS' LABOUR UNION

Versus

REGISTRAR OF TRADE UNIONS AND ANOTHER

Appeal No. HYD-61 of 1975, heard on 24th December 1915.

Industrial Relations Ordinance (XXIII of 1969)

--- S. 10---Cancellation of registration-Labour Court cannot cancel registration but can issue direction for same.

Wasiullah Qureshi for Appellant.

Muhammad Ayu5 Hussain for Respondent.

Date of hearing: 24th December 1975.

DECISION

This appeal has been filed under section 11 of the Industrial Relations Ordinance against the order of the Labour Court cancelling the registration of the Union.

2. The Union had violated the provisions of section 21, I. R. O. of 1969 read with Rule 10 of the Industrial Relations (Sind) Rules, 1973 for the non -submission of the return on the prescribed form for the year 1974.

3. The Registrar had made a complaint to the Labour Court on account of the aforesaid violation. The Labour Court after recording evidence found that the allegations had been established and, therefore, proceeded to cancel the registration of the Union. Aggrieved by this, the present appeal had been filed.

4. The only ground pleaded before me on behalf of the Union is that the Labour Court could not cancel the registration but simply issue a direction for the cancellation of the registration as required by section 10 of I R.O. This position was also conceded by the learned counsel appearing on behalf of the respondent. I also find considerable force in this contention.

5. In result I modify the order of the Labour Court and direct that the registration of the Union be cancelled by the Registrar of Trade Unions. With this modification the appeal stands dismissed.

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