Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Contitutional petition, filing of---Limitation---Law of limitation was not applicable to filing of Constitutional petition---Courts, however, could take into consideration facts of each case in order to determine whether petition was hit by laches or not---No hard and fast rules could thus, be laid down in this behalf. Faqir Muhammad v. Director of National Savings, Multan Region, Multan PLD 1992 SC 127 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Contitutional petition---Questions of laches and limitation--­Constitutional petitions should not fail on preliminary objections raised regarding laches and acquiescence but should be decided on merits where substantial question of law affecting rights of employees on the one hand and plea of Government on the other hand was involved. 1987 SCMR 1119 rel. (c) Factories Act (XXV of 1934)---- ----S.2(h)---"Worker"---Employee in the category of worker---Mere nature of work would not automatically bring an employee in the category of worker under Factories Act, 1934 unless such a worker had additionally proved that in fact, he was involved in a manufacturing process as defined in S.2(h), Factories Act, 1934. Employees' Old-Age Benefit Institution v. N.I.R.C. 1988 SCMR 765 ref. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 7---Constitution of Pakistan (1973), Art. 199---Registration of trade union---Trade Union formed by Government employees----No finding as to whether members of trade union fell within definition of "worker" or "workman" either by Registrar, Trade Unions or Labour Court ex1sted on whose order trade union in question was registered---In absence of such finding which was a finding of fact, order of registration of trade union passed by Registrar or Labour Court, would be without any lawful authority and of no legal effect, for provisions of Industrial Relations Ordinance, 1969 applied to workmen only while same would not apply to civil servants---Labour Courts and Registrar, Trade Unions under provisions of Industrial Relations Ordinance were not competent to pass any orders in respect of civil servants--­Members of trade…

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