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SUI SOUTHERN GAS OFFICERS ASSOCIATION vs FEDERATION OF PAKISTAN S — 2022 PLC 58 ISLAMABAD

Case information

Citation
2022 PLC 58 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PLC
Parties
SUI SOUTHERN GAS OFFICERS ASSOCIATION vs FEDERATION OF PAKISTAN S
Subject matter
Constitutional
Provisions referred to
S. 11---N; S. 11; Industrial Relations Act; General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SUI SOUTHERN GAS OFFICERS ASSOCIATION VS FEDERATION OF PAKISTAN S.11---National Industrial Relations Commission (Procedure and Functions) Regulations, 2016, Regln. 10-A---Association of employees---Cancellation of registration---Scope---Petitioner's (Association) case was that it was registered by the Registrar of Trade Unions, therefore, the Member, National Industrial Relations Commission, could not pass an order for its cancellation and that an application under S.11 of the Industrial Relations Act, 2012, for cancellation of a trade union was to be filed before the Registrar Trade Unions---Validity---Power of cancellation provided under S. 11 of the Industrial Relations Act, 2012, was unambiguously confined to a 'trade union', which definitely did not include 'industry-wise trade union'---Seeking guidance from the provisions of the General Clauses Act, 1897, power to issue an order or notification conferred under a statute included the power to add to, amend, vary or rescind such instrument---Power to cancel registration of an industry-wise trade union vested in the Commission and not the Registrar---Petitioner was admittedly an industry-wise trade union---Regulation 10A of the National Industrial Relations Commission (Procedure and Functions) Regulations, 2016, provided that the Benches of the Commission shall, in relation to industry-wise trade unions, federations of trade unions and cases referred to the Commission, perform such functions and exercise such powers as were performed and exercised by the Registrar Trade Unions in relation to trade unions and, for this purpose, any reference in the Industrial Relations Act, 2012, or in the said regulations to Registrar Trade Unions shall be deemed to be a reference to the appropriate Bench of the Commission to which such functions were assigned---Constitutional petition was dismissed.

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