| Citation(s) |
|---|
| 2017 SLG 1585 2017 SLD 1585 2017 PLC 102 |
Lahore High Court
Writ Petitions Nos. 28699 and 32931 of 2015, decision Date :23-09-2016, heard on: 30-06-2016.
SHAMS MEHMOOD MIRZA, JUSTICE
Tafazzal Haider Rizvi and Anwaar Hussain Janjua, Haider Ali Khan for Petitioner.Asjad Saeed, Ch. Muhammad Nasir and Ms. Samra Malik for
Respondent Best Traders.Sumera Fazil Khan and Humera Fazil Khan for Haider Traders.Khalid Mehmood Watto and Liaqa
Writ Petitions Nos. 28699 and 32931 of 2015, decision Date :23-09-2016, heard on: 30-06-2016.
SHAMS MEHMOOD MIRZA, JUSTICE
Tafazzal Haider Rizvi and Anwaar Hussain Janjua, Haider Ali Khan for Petitioner.Asjad Saeed, Ch. Muhammad Nasir and Ms. Samra Malik for
Respondent Best Traders.Sumera Fazil Khan and Humera Fazil Khan for Haider Traders.Khalid Mehmood Watto and Liaqa
M/S. UNILEVER PAKISTAN FOODS LIMITEDVSREGISTRAR, TRADE UNIONS & OTHERS
Law: Industrial Relations Act, 2012
Section: 2(x),2(xxxii),54
Law: Punjab Industrial Relations Act, 2010
Section: 10
Law: Factories Act, 1934
Section: 2(i)
(a) Industrial Relations Act (X of 2012)---.--- ---.----S.2(x) & (xxxii)---.---"Trans-provincial establishment"---.---Connotation---.---Any company employing workman for the purpose of carrying on any business or industry and having its departments and branches in more than one province comes within the definition of 'trans-provincial establishment'. (b) Interpretation of statutes---.--- ---.----Meaning of words---.---Principle---.---Word or phrase in an enactment must always be construed in the light of surrounding words---.---General words cannot be read in isolation as their colour and content are derived from the context of the enactment. Bennion on Statutory Interpretation Sixth Edition rel. (c) Industrial Relations Act (X of 2012)---.--- ---.----Ss. 2(x)(xxxii) & 54---.---Factories Act (XXV of 1934), S.2(i)---.---Expression 'factory'---.---Connotation---.---Trans-provincial establishment---.---Registration of trade union---.---Petitioner company was having its branches all over Pakistan and it was aggrieved of registration of trade union by Provincial Registrar---.---Plea raised by petitioner was that definition of 'factory' as given under Factories Act, 1934, could not be used to define 'factory' as used in Industrial Relations Act, 2012---.---Validity---.---No parallel existed between Industrial Relations Act, 2012 and Factories Act, 1934, as each enactment had its own specific scope, object and distinctive features---.---Provisions of Factories Act, 1934, did not control and could not regulate registration of unions in a trans-provincial establishment which was carried out in terms of S.54 of Industrial Relations Act, 2012---.---Even if definition of a word or expression was somewhat similar in two different statutes, the objects to be achieved by enactments could be different---.---Term 'factory' and all incidents attached thereto under Factories Act, 1934, had no relation to the term 'factory' appearing in S.2(x) of Industrial Relations Act, 2012---.---High Court declined to construe expression 'factory' in Industrial Relations Act, 2012, with reference to Factories Act, 1934---.---Provincial Registrar misconstrued provisions of Factories…