Law:

Section:

Industrial Relations Ordinance (XXIII of 1969-- -- Ss. 2(x) and (xiv) & 8-Teaching institution - An industry­-Employees of teaching institution, however, held, not merely being employees of an establishment/industry not entitled to registration of their Union/association unless they are governed by provision of S. 1(3) and are workmen within scope of Ordinance. The order of Registrar of Trade Unions refusing registration of the Association of Teachers was challenged in appeal before the Labour Court and it was contended that a teaching institution falls within the definition of establishment/industry under section 2(x) and (xiv) of the Industrial Relations Ordinance, 1969 and as such employees of such institution can­not be deprived of the fundamental right of association. Held: No doubt a teaching institution can be regarded as an under­taking for the purpose of imparting education or an industrial unit carrying on the said undertaking in the nature of an industry. An industry in its term has been defined under section 2(xiv) of the Industrial Relations Ordinance, 1969 inter alia, as any service, employment or occupation. Apparently when the word "service" or "employment" stands unqualified in the definition of industry, any employment or service in any teaching institu­tion cannot be excluded from the definition. Taking the term "service" in its plain meaning on that score the findings of the Registrar, Trade Unions, would seem to fall short of the intention of law. by refusing the registration of the appellant association but the matter of registration of a Trade Union hardly rests with the plain definition of the term establishment/industry as given in the Ordinance. The provisions of section 8 of the Ordinance require the Registrar of Trade Unions to register any Trade Union only when it has complied with all the requirements of law and have not restricted him to take any such action on simply being satisfied that the applying Trade Union or association is comprised of the workers of an "establishment" or "industry". This is not the only requirement that the workers applying for the registration of their Trade Union must belong to au establishment or…

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