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Application No. 322 of 1972, decided on 15th September 1972.
-- S. 10-Cancellation of registration of Union due to contravention of its Constitution-Elections of office-bearers not held as required by Constitution-Union explaining failure due to (i) waiting for new labour policy expected to be announced by Government and (ill stay order issued by civil Court-Waiting for announcement of new labour policy, held, no ground to postpone elections in contravention of Constitution-Stay order of Court being subsequent to date of con travention of Constitution, held, further of no avail so as to save registration of Union from cancellation.
Shaukat Danyal for Petitioner.
Respondent in person.
The Registrar of Trade Unions, Sargodha Region, Layallpur has moved this application under section 10 of the I. R. O., 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 to that elections of the office-bearers of the Union were not held in the months of March and April, as provided in section 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 the 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 election 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 1Jnion shall be cancelled on the direction of the Labour Court if the Trade Union has contravened any of the provisions of it; Constitution. In the instant case it is admitted that the elections were not held in the months of March and April as provided in Article 10 of the Union's Constitution. The provisions of the Constitution were therefore contravened.
I therefore direct the Registrar to cancel the registration of the respon dent-Union.
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