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1989 PLC 478(1)

MUHAMMAD YOUNUS NASHAD, GENERAL SECRETARY vs LA ROSH RESTAURANT

Citation1989 PLC 478(1)
CourtNational Industrial Relations Commission
Case No.Case No, 4-A(37) of 1988
Date1988-09-22
Judge(s)Abdul Aziz Memon
ResultApplication dismissed

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.

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