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ZIAULLAH KHAN versus REGISTRAR, TRADE UNIONS


Sections 3, 8 and 34 of the Industrial Relations Ordinance 1969 Selection of Registrar Officers Do not provide a competitor with an opportunity to submit their version without the approval of the selection of some officers The Registrar directed to make fresh selection to the respective offices.

1977 P L C 654

[Labour Court N: W. F. P.]

ZIAULLAH KHAN

Versus

REGISTRAR, TRADE UNIONS AND 4 OTHERS

Case No‑7 of 1977, decided on 10th February 1977.

Industrial Relations Ordinance (XXIII of 1969)‑----

‑‑ Ss. 3, 8 & 34‑Election of office‑bearers of Union‑Registrar approving election of certain office bearers without giving opportunity to contesting person to present his version‑Registrar directed to hold fresh election to concerned offices.

ORDER

This is a case under se9tions 3, 8 and 24 of the I. R. O. against the order dated 9th January 1977 through which the Registrar, Trade Unions; Peshawar Division has approved the names of M/s. Mufti Zia Iqbal and Fajoon Khad as General Secretary and Deputy 'General Secretary of Khyber Tobacco Company Ltd. Labour Union.

The: case was contested. Mr. Zia lqbal Mufti was impleaded as Respond ent No. 5. It is obviously an appeal because an individual cannot prefer, a petition under section 34 of the I. R. O.

I have perused the order of the learned Registrar. It is not a speaking order and it does not show if the petitioner was given any opportunity, to present his version of the case, or not. I, therefore, think that it will be conclusive for the maintenance of Industrial peace if fresh elections are ordered and this also appears precisely to be the intention of the law. I, therefore, direct the Registrar to hold fresh election for the offices of the General Secretary and Deputy General Secretary of the Union within a period, of 15 days from today, Meanwhile no body will act as General Secretary and Deputy General Secretary of the Union. A copy of order of this Court be sent to the Registrar‑for compliance immediately.

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