Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 2(xvii), 3, 4 & 9---Charitable Endowment Act (VI of 1890), Ss.2, 4, 5 & 14---Constitution of Pakistan, Art.199---Constitutional petition---Forming and registration of Trade Union---Petitioner was an Establishment and Project of a Foundation, which was established by Pakistan Air Force for charitable purposes---When workers employed in the establishment formed a Trade Union, registration of such Trade Union was objected to by the establishment contending that establishment being a charitable institution, no Trade Union could be formed in any of Foundation's establishment and that same was exempted from the provisions of Industrial Relations Ordinance, 2002---Validity---"Activity" of establishment would determine whether same fell within the ambit of "industry" or not---For the purpose of deciding whether a particular organization fell within the ambit of industry as defined in S.2(xvii) of Industrial Relations Ordinance, 2002, or not, decisive factor was as to what was the nature of its activity---If the activity was trade or business or service, or even analogous to trade or" business or service, same would be an `industry'---One had to look at the employer/employee interface and see whether it was in the nature of business, 'trade or' industry and as to why that industry was being carried on, was not a subject for the purpose of Industrial Relations Laws---Motives could be relevant for other minds, but legal mind would be guided by the nature of activity---Whether the organization was for making profit or for use of profit for charitable purposes, was of no relevance---Industrial Relations Laws looked at the activity of the organization and; it was by looking at that activity that would decide whether organization was amenable to the Industrial Relations Laws or not---Petitioner (an Airport Services Organisation) functioned at various Airports and provides handling services to the incoming and departing Airlines, including passengers briefing and baggage handling for those Airlines---If such activities formed by any other Airline was covered by Industrial Relations Ordinance, the same activity…

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