ENGRO FOODS LTD. vs REGISTRAR OF TRADE UNION Ss — 2024 PLC 11 KARACHI-HIGH-COURT-SINDH

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ENGRO FOODS LTD. VS REGISTRAR OF TRADE UNION Ss. 2(xxxii), 12, 24 & 43---Industrial Relations Act (X of 2012), Ss.9 & 10---Constitution of Pakistan, Art.143---Constitutional petition---Trade union---Registration---Trans-provincial establishment--Effect---Petitioner / trans-provincial establishment was aggrieved of registration of respondent trade union by Provincial authorities on the plea that the workers who formed respondent trade union were out sourced work force and were employees of third party contractors---Contention of respondent trade union was that registration had already been made by Provincial authorities and petitioner had an alternate remedy under S. 43 of Sindh Industrial Relations Act, 2013---Validity---By virtue of Art. 143 of the Constitution, provincial industrial relations law would be overridden---Even if registration of respondent trade union under Sindh Industrial Relations Act, 2013, was lawful at the relevant time, if it was subsequently established that the petitioner was a trans-provincial establishment, the registration of respondent trade union under Sindh Industrial Relations Act, 2013, would be overridden and then, all other grounds raised for challenging such registration recede to the background, and the question whether S. 43 of Sindh Industrial Relations Act, 2013, had provided an alternate remedy to petitioner also did not arise---Petitioner was a trans-provincial establishment, which fact had already been established by way of registration certificate issued under Ss. 9 & 10 of Industrial Relations Act, 2012 to trade union of the workers of petitioner's establishment, and certificate of CBA issued to the same trade union under S.19 of the Industrial Relations Act, 2012---Such certificates were not disputed by respondents and manifested that petitioner was recognized as a trans-provincial establishment by Registrar Trade Unions under Industrial Relations Act, 2012---Registration certificate issued to respondent trade union under Sindh Industrial Relations Act, 2013, stood overridden or superseded by subsequent certificate issued under Ss. 9 & 10 of Industrial Relations Act, 2012 and the former certificate was of no further legal effect---Proceedings under S. 24 of Sindh Industrial Relations Act, 2013, pending before Registrar to determine CBA in relation to petitioner's establishment stood abated---High Court directed Registrar of trade unions under Sindh Industrial Relations Act, 2013, to amend his register accordingly---Constitutional petition was allowed accordingly.

ENGRO FOODS LTD. vs REGISTRAR OF TRADE UNION Ss — 2024 PLC 11 KARACHI-HIGH-COURT-SINDH

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