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Initializing Secure Chambers
Petitioner: MUHAMMAD YOUNUS NASHAD, GENERAL SECRETARY VS Respondent: LA ROSH RESTAURANT and 6 others
Court Name: National Industrial Relations Commission Judge(s): Abdul Aziz Memon Title:MUHAMMAD YOUNUS NASHAD, GENERAL SECRETARY vs LA ROSH RESTAURANT
and 6 others Case No.: Case No, 4-A(37) of 1988 Date of Judgment:1988-09-22 Reported As: 1989 PLC 478(1) Result: Application dismissed Judgment ORDER ' There is an objection to the maintainability of this petition on the ground that La Rosh Restaurant and Caterers Labour Union, the petitioner herein, is not a registered body and as such cannot maintain this petition. 2. Notice of memo of the objection was given to the petitioner who have failed to file the objection. I have, therefore, heard the parties. 3. I think only a juristic person can sue. Persons are of two kinds; natural and artificial. A human being is a natural person. Artificial persons include a collection or succession of natural persons forming a corporation. Term "person" is defined under Article 260 of 1973 Constitution of Pakistan, as person and includes any body politic or corporate. 4. A Trade Union is no doubt, under section .14 of the Industrial Relations Ordinance, 1969, a body corporate, who can sue and be sued in its registered name. It follows that a union cannot sue unless it is registered. A petition filed by an unregistered union is therefore not maintainable. ' The petition is accordingly dismissed as non-maintainable.