Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 1(3)

Industrial Relations Ordinance (XXIII of 1969) S. 1(3) -Employees of Buildings Department of Government-Not excluded from purview of Ordinance-Provisions of Ordinance, held, appli cable to workmen of Buildings Division. It was contended that an Operator-cum-Driver employed in the Provincial Buildings Division was employed "in the administration of the State" and as such, in view of the exception laid down in subsection (3) of section 1 of the Industrial Relations Ordinance such person could not avail of the benefit of the provisions of the Ordinance. Held: In order to get the true import of the exception to the applicability of the Ordinance it is necessary to view the enact ment in retrospect, the: reason for the exception, the evil it was to end and the object it was to serve. The Ordinance must be viewed as a whole and its intention determined by construing all the provisions of the Ordinance together and not by taking one section. Taking into consideration the history of the Labour Laws it would appear that Industrial Relations Ordinance, 1969 has been deviced with the object of maintaining Industrial peace so as to prevent interference with the public safety or public order or with the maintenance of supplies and services essential to the State. The object of the Ordinance is to give freedom of Strike and Lock-out but not at the cost of public safety or State. The Legislators, by Industrial Relations Ordinance, 1969 intended to give benefits of Labour Laws to as many persons who would be covered by the definition of "workmen" but at the same time to safeguard Strike and Lockout by persons employed in the services essential to the State and also persons employed in the administration of the State. Keeping in view the intention of the Legislature to confer the benefit of Labour Laws on as many persons as would be covered by the definition of "workmen", the phrase "employed in the administration of the: rate" must be strictly construed. In this connection it is noteworthy that the Legislature did not say "any person employed in Government service". The intention of those who framed subsection (3) of section 1…