Law:

Section:

Industrial Relation Acts 2012-- ----Ss. 2(x) & 2(xxxii)--Punjab Industrial Act, 2010, S. 10--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Registration of union in case of trans-provincial establishment--Cancellation of registered union--Provincial registrar--Jurisdiction--Formation of trade unions of workers of trans-provincial establishment--Validity--Any company employing workmen for purpose of carrying on any business or industry and having its departments and branches in more than one province comes within definition of "trans-provincial"--Petitioner is a company incorporated under Companies Ordinance, 1984 and, therefore, its status as such shall be taken into consideration for purpose of determining whether it is a trans-provincial establishment--Petitioner being a trans-provincial establishment is accordingly governed by IRA, 2012 and unions operating in its various factories, offices and departments shall have to be registered with NIRC--Provincial registrar exceeded his jurisdiction in registering as trade union whereas petitioner being a trans-provincial jurisdiction vested with NIRC under IRA, 2012--Implication being that such members had no right to get themselves registered as a trade union--Other workers unions operating in factory/offices/departments of petitioner were registered with provincial registrar hardly provides any lawful justification for grant of similar status to respondent--Petitioner enjoyed trans-provincial status, controversy regarding law which governs registration of trade union of a trans-provincial establishment does not pose a serious problem--Registrar indeed misconstrued provisions of Factories Act, 1934 in registering union whereas it had no authority under law to do so. Industrial Relations Act, 2012-- ----S. 2(x)--Registration of trade union--Provincial registrar--Jurisdiction--Concurrent legislative list of constitution controlled all matters pertaining to labour disputes, trade unions and all labour laws were promulgated by federation--Promulgated by other provinces--Provincial laws could not deal with issues of labour disputes and trade unions in establishments having presence in more than…