Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2

Industrial Relations Ordinance (XXIII of 1969) S. 2 (ix) & (xiv) and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (b) & (f)--Words "calling, service, employment or occupation" used in definition of industry in S. 2 (xiv) of Industrial Relations Ordinance, 1969-Do not cover an educational institution-Publication of college journal in consequence of main function i.e. imparting education-Not a business or an industrial process-Educational institution not within scope of either Industrial Relations Ordinance or West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. An educational institution cannot be called an industry. It cannot be said that the publication of books and journals by an educational institution in consequence with its main functions i.e. imparting education would amount to a trade or a business. No doubt, the words, "calling, service, employment or occupation" which are embodied in the definition of industry under the Industrial Relations Ordinance, 1969, are very wide terms, but they will have to be read and interpreted keeping in view the intention of this special enactment. It would be unreasonable to regard the work of imparting education as an industry only because its minor subsidiary and incidental work amounts to partake of the character of the service which may fall within the definition of industry. The aim of education cannot be compared or assimilated with what may be described as an industrial process. In the definition of Commercial Establishment and Industrial Establishment, as contained in Standing Order 2 (b) and (f) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the words "calling, service, employment or occupation", have not been used which would obviously mean that the scope is still further restricted for the purposes of this statute. A I R 1963 S C 1873 rel. Kemp v. Sober (1851) 20 L J 602 held not applicable. ORDER MAZHARUL HAQ (CHAIRMAN).-Muhammad Afzal, Steno grapher has filed this petition under Standing Order 18 of the West Pakistan Industrial and…