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GENERAL SECRETARY, UNION KARKUNANE BROOKE BOND (PAKISTAN) LTD., — 1970 PLC 670

Citation: 1970 PLC 670

Court: Industrial Court

Year: 1970

Decision Date: 1970-07-20

Parties: GENERAL SECRETARY, UNION KARKUNANE BROOKE BOND (PAKISTAN) LTD., RAWALPINDI vs THE CHAIRMAN, BROOKE BOND (PAKISTAN) LTD, KARACHI

Headnotes

Case cited as 1970 PLC 670

Judgment Text

Court Name: Industrial Court Judge(s): Muhammad Jamil Asghar, Ch. Muhammad Ishaque Title:GENERAL SECRETARY, UNION KARKUNANE BROOKE BOND (PAKISTAN) LTD., RAWALPINDI vs THE CHAIRMAN, BROOKE BOND (PAKISTAN) LTD, KARACHI Case No.: F. A. O. No. 145 of 1965 Date of Judgment:1970-07-20 Reported As: 1970 PLC 670 Result: petition is dismissed Judgment ORDER M. JAMIL ASGHAR (CHAIRMAN).----The General, Secretary, Union Karkunan-e-Brooke Bond (Pakistan) Ltd., Rawalpindi petitioner filed a petition under section .5(5) 'of the industrial Disputes Ordinance, 1959 against the Chairman, Brooke Bond (Pak.) Ltd., Karachi, respondent, raising several demands. The respondent while resisting the petition, raised preliminary objections that the salesman employed by the respondent-company were not workmen within the meaning of section 2(n) of the Ordinance and as such the Union was illegally constituted as many of its office-bearers were salesmen, therefore no Industrial Dispute could be raised on their behalf under the Ordinance. The Industrial Court vide interim award dated 1-7-1965 overruled the objection. Aggrieved by that award the respondent went up in appeal to the high Court, which was accepted vide order dated Genera 14-3-1969 in F. A. O. No. 146 of 1965. The High Court held that the salesmen serving in the company were not Chair workmen within t13 "leaning of section 2(n) of the Ordinance and as such preliminary objection raised by the respondent before the Industrial Court must prevail.…

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