| Citation(s) |
|---|
| 2014 SLG 2726 2014 SLD 2726 2014 PLC 351 |
Balochistan High Court
Constitutional Petitions Nos. 226, 425 of 2012, 725, 893 of2011, 117, 205, 761, 479, and 902 of 2013, Dated: 26th June,2014. Dates of hearing: 12th November, 26th February, 6thMarch, 12th March, 17th March, 6th June, and 11th June,2014.
MUHAMMAD KAMRAN MULAKHAIL, JUSTICE
Muhammad Amir Rana for Petitioner (in C.P. No.226 of 2012).Syed Ayaz Zahoor and Muhammad Ayub for
Respondent (in C.P. No.226 of 2012).Chaudhry Mumtaz Yousaf, Standing Counsel and Tariq Ali Tahir, Addl. A.G. for Official
Respondents (in C.P. No.226 of
Constitutional Petitions Nos. 226, 425 of 2012, 725, 893 of2011, 117, 205, 761, 479, and 902 of 2013, Dated: 26th June,2014. Dates of hearing: 12th November, 26th February, 6thMarch, 12th March, 17th March, 6th June, and 11th June,2014.
MUHAMMAD KAMRAN MULAKHAIL, JUSTICE
Muhammad Amir Rana for Petitioner (in C.P. No.226 of 2012).Syed Ayaz Zahoor and Muhammad Ayub for
Respondent (in C.P. No.226 of 2012).Chaudhry Mumtaz Yousaf, Standing Counsel and Tariq Ali Tahir, Addl. A.G. for Official
Respondents (in C.P. No.226 of
PAKISTAN WORKERS FEDERATION, BALOCHISTAN THROUGH PRESIDENT PAKISTAN WORKERS FEDERATION, BALOCHISTAN AND OTHERSVSGOVERNMENT OF PAKISTAN THROUGH FEDERAL SECRETARY, MINISTRY OF LAW AND JUSTICE, ISLAMABAD AND OTHERS
Law:
Section:
(a) Industrial Relations Act (X of 2012)--- ----Ss. 2(x), (xxxii), 19 & Preamble---Constitution of Pakistan, Arts.142, 199 & Fourth Sched., Part I, Items Nos. 31, 59 & Part. II, Items Nos.3, 13 & 18---Constitutional petition---Industrial Relations Act, (X of 2012--- Constitutionality--- Trans-provincial establishments/ corporations/institutions/industries managed or administered by the Federal Government---Trade unions and relations between employers and workmen and appointment of collective bargaining agent in such establishments--- Principles--- Legislative competence of the Parliament/Federal Government--- Whether Parliament/Federal Government could legislate in respect of such trans-provincial establishments regarding their trade unions and relations with workmen---Industrial Relations Act, 2012 was within the legislative competence of Parliament---Companies like QESCO and PTCL and statutory authorities like WAPDA and NADRA were set up by the Federation or under Federal laws---Companies and statutory authorities set up by the Federation or under Federal Laws would come within the domain of (Federal Legislative List) Fourth Sched., Part I, Item No. 31 and Part. II, Item No.3 of the Constitution---Since such statutory authorities had establishments in all the provinces they would also be covered by the (Federal Legislative List) Fourth Sched., Part. II, Item No.13 of the Constitution--- WAPDA was specifically mentioned in the (Federal Legislative List) Fourth Sched., Part. II, Item No.3 of the Constitution--- Trade unions, labour disputes and matters pertaining to labour welfare relating to inter-provincial establishments could also be categorized as matters "incidental or ancillary" to Items contained in the Federal Legislative List i.e. Fourth Sched., Part I, Item No. 31 & Part. II, Items Nos.3 & 13 of the Constitution--- Labour unions/ petitioners who challenged the constitutionality of the Industrial Relations Act, 2012 appeared to have lost sight of the welfare and interest of workers, whose interest they were supposed to be protecting---Number of companies and statutory corporations had establishments in more than one province or…
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