Case Details

Citation(s)
2013 SLG 1918 2013 SLD 1918 2013 PLC 232
Peshawar High Court
L.R. No.5 of 2010, decision dated: 17-12-2012.
MIAN FASIH-UL-MULK, J

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DAUD SONS INDUSTRY AND ARMOURY EMPLOYEES, PESHAWAR

VS

REGISTRAR TRADE UNION DAUD SONS INDUSTRY AND ARMOURY EMPLOYEES, PESHAWAR vs REGISTRAR TRADE UNION

Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 1(4), 2(xvii) & 9(b)---Trade union, non-registration of---Authorities refused registration of trade union on the ground that its industry was exclusively connected with Armed Forces including Ministry of Defence---Validity---Industry in question was in private sector, which used to sell weapons and ammunition to public including Army organizations---Sales Tax vouchers appended with petition also indicated that the industry was selling their products to individual public as well as Government organizations---Industry was neither under the control of Federal or Provincial Government, nor was carried on under its authority or having any statutory rules of service---Provisions of Industrial Relations Ordinance, 2002, or provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were applicable to the establishment and Labour Court had wrongly denied claim of petitioner on such ground---Labour Appellate Tribunal directed the authorities to issue registration certificate to the trade union---Revision was allowed in circumstances. Army Welfare Sugar Mills Worker's Union v. Army Welfare Sugar Mills 2009 PLC 132 and Fauji Sugar Mills v. Mehmood Ahmed 2006 PLC 630 rel. Shakil Ahmed for Petitioner. Nisar Ahmed for Respondent. Date of hearing: 10th December, 2012. JUDGMENT MIAN FASIH-UL- MULK, J--- The petitioners in this Revision Petition are the office-bearers of Daudsons Industry and Armoury Employees and Labour Union, Peshawar, who applied to the Registrar of Trade Unions, Peshawar for registration of their workman Trade Union but the same was rejected. They filed appeal before the Labour Court but the same was also dismissed vide impugned judgment dated 18-7-2009 on the ground that the Industry being exclusively connected with the Armed Forces of Pakistan including Ministry of Defence falls within the definition of the words in any installations or services exclusively connected with the Armed Forces of Pakistan including Ministry of Defence lines of the Railways" as used in clause (b) of subsection (4) of section 1 of the Industrial Relations Ordinance; hence the…
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