Law: Industrial Relations Act, 2012

Section: 3,19,Preamble,53,87

Law: Sindh Industrial Relations Act, 2013

Section: 45

Law: Constitution of Pakistan, 1973

Section: 17,141,199,FourthSched,PartsI,II,137

(a) Industrial Relations Act (X of 2012)--- ----Ss. 3, 19 & Preamble---Constitution of Pakistan, Arts. 17, 141, 199 & Fourth Sched., Part I, Entry No.58---Constitutional petition---Industrial Relations Act, 2012---Constitutionality---Trans-provincial establishments---Rights of workmen---Provincial legislature not competent to legislate on rights of workmen of trans-provincial establishments---Effect---Necessary for Federal legislature i.e. Parliament to legislate---Industrial Relations Act, 2012 was enacted to deal with the subjects of formation of trade unions and settlement of industrial disputes relating to only such industrial and commercial establishments that operated either in the Islamabad Capital Territory or at trans-provincial level---Employers and the workmen of such establishments could get their industrial disputes settled from the forum of National Industrial Relations Commission (NIRC) that was established under Industrial Relations Act, 2012---Apart from the adjudication of the industrial disputes, the NIRC had also been empowered to register trade unions, industry-wise trade unions, federation of trade unions and determine the collective bargaining agent from amongst the trade unions and industry-wise trade unions of the trans-provincial establishments; thus it was evident that Industrial Relations Act, 2012 applied to a distinct category of establishments and not to the intra-provincial establishments that were regulated by the provincial law---Industrial Relations Act, 2012 recognized the freedom of association as a fundamental right of the citizens---With respect to establishments operating at trans-provincial level freedom of association guaranteed under Art. 17 of the Constitution could not be made available through a provincial legislation on account of the constitutional bar contained on provincial legislation under Art. 141 of the Constitution---Provincial legislature was not competent to regulate a right, exercise of which transcended provincial boundaries--- Right to form a trade union that could operate beyond the provincial boundaries could not be secured and regulated by a provincial law---Question whether the Fundamental…

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