Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Servants Act, 1973

Section: 2(b)(1)

Constitution of Pakistan, 1973-- ----Art. 199--Civil Servants Act, 1974, Ss. 2(b)(1) 4--Petition for cancellation of labour union--Declaration for disqualification of president of labour union--Direction for conducting of refrendum--Appeal--Partially accepted--Scope of laws--Determination jurisdiction--Illegal practice--Direction to s while claiming their status as of office bearers of some Labour Unions, questioned legality of Unions formed by either of parties--Unions with names Balochistan Public Health Engineering Labour Union (Labour Union, and Balochistan Public Health Engineering Workers Union (Workers Union) both were registered by Registrar Trade Union, Balochistan and still registration subsisted with respective office--While it was also a fact that persons who formed such unions and were members thereof, were in Govt. Service, thus with status of Govt. Servants--As per same Govt. servant means a person to whom these Rules apply--While Rule 2 of Rules, 1979 stated extent of application of Rules s and other members of Unions were in employment of Public Health Engineering Department, and performed their duties on posts though lower in grade, with no power to hire or fire, but this fact in no way could bring them within ambit of worker or workman--It has been determined that employees in Govt. service are beyond scope of laws specifically framed for workers and workmen--Thus no trade union either with name of Public Health Engineering Labour Union or Public Health Engineering Workers Union could have been formed by employees in Govt. Service, nor existence of these Unions could validated only due to facts that they were registered by Registrar Trade Unions or certificate of Registration had been issued in their names--Judgment of Labour Court and of Labour Appellate Tribunal are held to be of no legal effect, thus not sustainable--Both s are set aside--Grievance applications filed by petitioners of both cases also stand dismissed for want of jurisdiction--It will be Chief Secretary Govt. of Balochistan, Principal Officer of Provincial Govt. to take all positive steps for cancellation of all such trade unions formed by Govt. servants without adopting…

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