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1987 MLD 2109

DAWOOD COTTON MILLS vs REGISTRAR OF TRADE UNIONS and others

Citation1987 MLD 2109
CourtSindh High Court
Case No.High Court Appeal No,136 of 1986
Date1986-09-30
Judge(s)Mamoon Kazi, Muhammad Zahoor-ul-Haq
ResultAppeal dismissed

ORDER

1. ' MUHAMMAD ZAHOORUL HAQ, J.--The appellant has felt aggrieved against the orders dated 10-7- 1986 passed by the Honourable Single Judge whereby the Writ Petition filed by the appellant was treated, as having succeeded and stood disposed of as such.

2. ' The appellant had challenged the notice which had been issued by respondent No,1 for holding of referendum of Dawood Cotton Mills C.B.A but on the relevant day the Registrar's representative appeared and withdrew the said notice. The respondents 4 and 3 had objected to the withdrawal of the said notice but the learned Judge did not agree with their objections and treated the withdrawal of notice as, the success of the petition.

3. We are of the view that the appellant could hardly consider itself to be aggrieved by that order. The order was made on a technical basis inasmuch as the very notice which had been challenged in the petition had been withdrawn by the respondent and, therefore, the obvious result of that withdrawal of the notice was that the petition had succeeded in its object and, therefore, the learned Judge made that observation. But that observation does not mean that the appellant cannot challenge the withdrawal of the notice for holding of the referendum for C.B.A. Of Dawood Cotton Mills if they can show any vested right and breach of law in that matter. In this view of the matter this appeal is dismissed in limine. The C.M. As are also I dismissed. The Office Objection has now become infructuous.

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