Case Details

Citation(s)
1993 SLG 801 1993 SLD 801 1993 SCMR 1837
Supreme Court of Pakistan
Constitution Appeal No. 5 of 1990, and Constitution Petition No. 6 of 1992, decision dated: 28th June; 1993
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY, SALEEM AKHTAR, SAEEDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Notice to Attorney General.

Haji Malik AMAN and 3 others

FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--S. 1(3)(a)---Cantonment Board though not an "installation" but was concerned with services connected with defence---Management and admistration of the Cantonment Board vested in the Cantonment Board and Cantonments themselves being the quarters of the Armed Forces, their management and upkeep was necessarily a service which was directly concerned with the Armed Forces and only incidentally with civilian population residing in Cantonments---Employees of Cantonment, therefore, were excluded from the application of Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 1(3)(a)---Constitution of Pakistan (1973), Arts.8(3) & 17(1)--­Restrictions imposed under S.1(3)(a) of the Industrial Relations Ordinance, 1969 are not violative of Art.17(1) read with Art.8(3) of the Constitution--­Word "including" mentioned in S.1(3)(a) has wide connotation and its meaning is not restricted rather extends the scope of provision---Employees of National Radio and Tele-Communication Corporation were though not members of the Armed Forces but their services were directly concerned with Armed Forces--­Such employees being employees of an installation which supply telecommunication equipments to the Army, were covered by the provision of S.1(3)(a) of the Ordinance and as such they could not seek registration under the provisions of the Ordinance. Rehmat Gill v. Quetta Cantonment Board PLD 1983 SC 133; Canteen Stores Department Employees' Welfare Union v. Canteen Stores Department 1983 SCMR 1101 and The Controller, Stationery and Forms, Government of Pakistan v. The Registrar, Trade Union, Sindh and others PLD 1991 SC 353 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 1 (3)(2)---Constitution of Pakistan (1973), Arts.8(3) & 17(l) --- Combied effect of Arts.8(3) & 17(1) of the Constitution is that reasonable restrictions can be imposed in the interest of public order relating to an establishment having incidental relations with the Armed Forcs---Employees of Cantonment Boards and that of National Radio and Telecommunication Corporation were connected with Armed…
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