Law:

Section:

(a) Industrial Relations Act (IV of 2008)----S. 2(xiv)-Industrial Relations Ordinance (XCI of 2002), S.2(xvii)---Term "industry" as defined in S. 2(xiv) of Industrial Relations Act, 2008 and S. 2(xvii) of Industrial Relations Ordinance, 2002---Distinguishing features stated. Industry is essentially a human activity in which capital and labour are conjoined for the purpose of producing goods and services for sale as a means of earning a livelihood. However, the distinguishing feature is that the earning of profit is not essential since the objectives of the industry may even be to provide any service to the community in an organized manner, wherein profits are not made. It is perhaps for this reason that the words "engaged in an organized economic activity" appearing in the definition of "industry" in section 2(xvii) of Industrial Relations Ordinance, 2002 are missing in such definition appearing in section 2(xiv) of Industrial Relations Act,.2008. Perhaps the law makers thought that organized economic activity essentially denotes the profit motive. (b) Industrial Relations Act (IV of 2008)--Ss. 2(xiv), 3 & 12---Industrial Relations Ordinance (XCI of 2002), Ss. 2(xvii)---Companies Ordinance (XL VII of 1984), S. 42---Constitution of Pakistan, Art. 17(1)---Chamber of Commerce and, Industry---Right of workers of Chamber to form a Trade Union---Scope---Chamber according to its Memorandum and Articles of Association did provide services to its members and general business community---Chamber was a non-profit organization as profits earned thereby were not pocketed by its members or Managing Committee, but were spent on its objectives---Earning of profit would not be essential for an industry as its objective might even be to provide any service to community in an organized manner without earning profit---Industrial Relations Ordinance, 2002 being a beneficial legislation would be interpreted in favour of workers liberally---Freedom of association guaranteed under Art. 17(1) of the Constitution included right of workers to form Trade Unions---Such Chamber for providing services to its members by charging fee was an "industry" as defined in Industrial Relations…

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