Law: Industrial Relations Act, 2012

Section: 19(4)(5)

Industrial Relations Act (X of 2012)--- ----S. 19(4)(5)---Contract employees of Gas Company seeking inclusion of names in the voter list of the members of Trade Union---Privity of contract---Trade Union moved application before Registrar, Trade Unions for inclusion of names of contract employees of Gas Company in the voter list of its members which was accepted---Contention of Gas Company was that names of contract employees could not be included in the voter list of Trade Union---Validity---Employees whose names had been included in the voter list of the members of Trade Union were performing their duties at the Company's premises---Company had contractual relationship with contractors/service providers who had been paying salaries/wages to the employees---No privity of contract existed between the Company and service provider and even between Company and workmen---Workers who performed the work at the premises of Company and whose services were engaged by the contractors/service providers were in fact employees of the Company---Work performed by such workers was of permanent nature---No infirmity had been pointed out in the impugned order passed by the Registrar Trade Unions---Constitutional petition was dismissed in circumstances. Sui Southern Gas Workers Union v. Sui Southern Gas Company Limited 2012 PLC 247; Muhammad Hashim v. General Manager, Human Resources, Sui Southern Gas Co. Ltd. 2015 PLC (C.S.) 195 and 2010 SCMR 253 ref. Fauji Fertilizer Company Ltd. v. National Industrial Relations Commission 2013 SCMR 1253; Karachi Electric Supply Corporation v. National Industrial Relations Commission 1983 PLC 367 and State Oil Company Limited v. Bakht Siddique 2018 SCMR 1181 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J---.--- Through the instant writ petition, the petitioner Messrs Sui Southern Gas Company Limited, impugns the order dated 16.08.2017, passed by respondent No.1 (Registrar Trade Unions), accepting application dated 23.09.2016 filed by respondent No.3 (Sui Southern Gas Insaf Jafakash Union) seeking the names of its members, who were employed by contractors/service providers to work at the petitioner's premises, to be included in the…

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