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BATA SHOE COMPANY (PAKISTAN) LTD. versus PAKISTAN BATA EMPLOYEES\' FEDERATION (RECD.)


Industrial Relations Ordinance 1969 Section 10 CBA Certificate on the basis of a request for cancellation and pressing before the National Industrial Relations Commission by the competent authority under section 10 on these terms only on the basis that the trade union affiliated to the CBA Federation There is no union of workers that the Commission is of the view that the certificate may be revoked in view of section 21 of the General Clause Act (X of 1897) as long as the pre-declared trade unions organized by the Workers / Union are authorized by the competent authority. Legislative authority of a stable authority does not reverse this status quo, demonstrating such trade union consistency Will continue to shake. The color of this and the CBA Federation cannot be considered that the NIRC has been changed, in addition, there was no jurisdiction to revoke the CBA certificate for reasons beyond section 10. The approved order contains the provisions of Section 21 of the General Claims Act, 1897, subject to such pre-conditions as well, cancellation, sickening conditions petitions, General Clauses Act (X of 1897), section 21

979 P L C 524

[National Industrial Relations Commission]

Present : Ataullah Sajjad, Chairman

BATA SHOE COMPANY (PAKISTAN) LTD.

versus

PAKISTAN BATA EMPLOYEES' FEDERATION (RECD.) AND 2 OTHERS

Case No. 20 (5) of 1979/NIRC, decided on 19th July, 1979.

Industrial Relations Ordinance (XXIII of 1969)‑

‑‑ S. 10‑Certificate of C. B. A.‑Cancellation of‑Possible only under S. 10 on conditions laid down there and by .competent authority‑Cancellation petition pressed before National Industrial Relations Commission on ground that Trade Unions affiliated to C. B. A. Federation were not Unions of workers‑Contention that Commission could cancel certificate in view of S. 21 of General Clauses Act (X of 1897)‑Affiliating Trade Unions already declared by competent authority as Workers' Union‑‑Held, unless that status was taken back by legal order of competent authority such Trade Unions would continue to enjoy it and complexion of C. B. A. Federation cannot be deemed. to have changed‑‑NIRC, .further held, had no jurisdiction to cancel certificate of C. B. A for reasons beyond S. 10‑Exercise of jurisdiction of cancellation or variation of an order where pre‑conditioned by words of statute under which such order passed makes provisions of S. 21 of General Clauses Act, 1897 also subject to such pre‑conditions‑ Petition for cancellation, ill circumstances, rejected‑General Clauses Act (X of 1897), S. 21.

M. S. Bokhari for Petitioner.

Asghar Mahmood for Respondent No. 1.

Zia Mahmood Mirza for Respondents Nos . 2 and 3.

Date of hearing : 19th July 1979.

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