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Petitioner: LAHORE CYCLE INDUSTRIES WORKERS UNION (CBA) VS Respondent: REGISTRAR OF TRADE JUDGMENT
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title:LAHORE CYCLE INDUSTRIES WORKERS UNION (CBA) vs REGISTRAR OF TRADE
JUDGMENT
Reported As: 1989 PLC 342 Result: Revision dismissed Judgment JUDGMENT ' The order dated 29-7-1987 recorded by learned Presiding Officer, Punjab Labour Court No,2, Lahore is reported to be wrong and improper whereby the application for interim stay was dismissed. 2. The petitioner brought an application under section 34 of Industrial Relations Ordinance, 1%9 challenging the competency of Employees Union and requested that it could not participate in the referendum. The ground taken up is that since it was a third union it could be registered if the memberships was 25% or more. It has been argued placing copies of full and final settlement Annexures D, E, F, that three persons took away their dues and ceased to remain employees of the establishment. These documents are not copies certified by the learned lower Court, therefore, it does not appear that these documents were placed before the said Court. In the impugned order there is no mention of these documents which further shows that these documents were not on the record of the learned lower Court when the petition was decided. In revision correctness and propriety of the order is to be seen. Since these documents were not before the learned lower Court the order appears to be justified. However, since the main case is pending the petitioner after improving his case may again under the changed circumstances ask the Court for a stay order and the learned lower Court after considering the case may dispose of the same. 3. As a result the revision fails and is dismissed in limine.