Law: Industrial Relations Act, 2012

Section: 2(xxxiii),19(5)

Industrial Relations Act (X of 2012)--- ----Ss. 2(xxxiii) & 19(5)---Contract workers rendering services to Sui Southern Gas Company Limited ("SSGC") engaged through a labour contractor---Whether such contract workers were eligible to be registered as voters to participate in a referendum for choosing a Collective Bargaining Agent---Held, that for an employee to fall under the definition of a "worker" or "workman", it was wholly irrelevant whether he had been employed directly or through a contractor---Only requirement for an employee in an establishment to become a voter, was his being a worker or a workman, in such establishment for a period of not less than three months and nothing more---Besides the functions performed by the contract workers in question were for the benefit of SSGC and they were rendering such services since many years---Purported arrangement/contract between SSGC and the labour contractors could not be allowed to be used as a device to deprive the contract workers of their legitimate and fundamental right of forming a union and or becoming a part thereof---Petition for leave to appeal was dismissed. Fauji Fertilizer Company Ltd. through Factory Manager v. National Industrial Relations Commission through Chairman and others 2013 SCMR 1253 and State Oil Company Limited v. Bakht Siddiqui 2018 SCMR 1181 ref. ORDER MAQBOOL BAQAR, JUSTICE:---.--- Through order dated 16.08.2017 the respondent No. 1 allowed the application filed by the respondent No. 3-Union for including the names of their members, who were contract employees, in the list of voters, before holding a referendum. The respondent No. 3 is a registered Industry/Trade Union in the petitioner's establishment, with the aim and object, inter alia, to create harmony amongst the workers, maintain cordial relations with the employer/management, and to ameliorate the working relations of the members and workers in the establishment. Before the Registrar it was contended by the respondent No. 3, that there were more than three thousand workers employed on contract basis by the petitioner who have been performing their duties on various posts of permanent nature out of whom five hundred…

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