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Appeal No. 294 of 1974, decided on 22nd November 1974.
-- S. 8 (3)-Registration of Trade Union-Appeal to Labour Court- No time limit prescribed-Appeal to be filed within reasonable time- Workers of Union being uneducated not knowing what to do after refusal of Registrar to register their Union filing appeal after about 10 months on advice of Advocate-Appeal, in circumstances, entertained.
Ss. 2 (xiv) & 3 (a)-Municipal Committee-Corporate body-An undertaking for welfare of society - Falls within definition of "industry"-Employees of Municipal committee, held, entitled to form Union to be registered.
This is an appeal under section 8 (3) of the Industrial Relations Ordinance preferred against refusal of the Registrar Trade Unions, Lahore Region, Lahore to register the appellant-Union of Town Committee Sangla Hill.
Learned representative of the Registrar has raised a preliminary objection that appeal is hopelessly time-barred. Refusal was conveyed to the appellant-Union on 30th November 1973, and now it is after about 10 months that they have come in appeal. No doubt that this appeal should have been filed by the appellant in a reasonable time but learned representative has filed to show provision regarding limitation in this respect. Representative of the Union has stated that this is a Union of washermen and Sweepers who are un-educated and did not know what to A do after the refusal when I came into contact with them and told that they file an appeal only then they have come to know that an appeal could be filed against that refusal.
Learned representative of Registrar states that all these employees fall under the definition of public servant but be has failed to show any pro vision regarding the status of the employee of a Municipal Committee. They are employees of a corporated body that is an undertaking for the welfare of the society and therefore very much fall within the definition of industry under the Industrial Relations Ordinance. The Registrar is B therefore directed to register this Union. The appellant-Union is directed to file a fresh application for the registration of the Union.
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