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Case No. 4 of 1977, decided on 15th February 1977.
----S. 8(7)‑Election of Union‑‑‑Order of Labour Court directing Registrar to hold fresh election for certain offices of Union‑‑Held, not appealable.
Date of Institution: 12th February 1977.
An order was passed by this Court on 10th February, 1977 through which the Registrar, Trade Unions, N.‑W. F. P., was directed to hold fresh election for the offices of the General Secretary and Deputy General Secretary of the Union concerned within 15 days from the date of tire order of this Court.
The appellant bas now preferred the pr sent appeal under section 8, sub section (7) of the 1. R. O. to the effect that the said election be conducted according to the provision of the constitution of the Union and hence this Court should pass an order adding a modifying or explanatory order to the order, dated 10th February, 1977. It was prayed that this application be decided expeditiously or that if sufficient time is required for the decision of the case then the order of this Court ordering the election be stayed.
The present application purports to be an appeal under the provision of section b, subsection (7) of the I. R. O.
An appeal under section 8 sub‑section (7) is always directed against the order of Registrar, Trade Unions and not against the order of the Labour Court, but the instant appeal is obviously directed against the order of the Labour Court because the Registrar has done nothing but taken steps to implement the order of this Court.
Again the order, dated 10th February, 1977 was passed by this Court in an application filed by Mr. Ziaullah Khan against the Registrar, Trade Unions and others in which the present petitioner was not party and hence I do not understand that under what principles of law the order of the Court can be reviewed at the instance of a stranger to the previous proceedings even if it is assumed for the sake of arguments, that the Labour Courts do possess powers of reviewing their own order.
It is thus clear that the order, dated 10th February, 1977 passed by this Court cannot be modified in the present proceedings and further that no appeal lies under the provision of section 8 (7) of the I. R. O. in the circum stances of tie present case. The appeal is rejected.
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