Case Details

Citation(s)
1992 SLG 805 1992 SLD 805 1992 PLC 405
Balochistan High Court
Constitutional Petition No. 192. of 1991, decided on 10th December, 1991.
MUNAWAR AHMED MIRZA, C.J., AND IFTIKHAR MUHAMMAD CHAUDHRY, J

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SWEPAK PHARMACEUTICALS LTD.

VS

REGISTRAR, TRADE UNIONS, BALOCHISTAN and another SWEPAK PHARMACEUTICALS LTD. vs REGISTRAR, TRADE UNIONS, BALOCHISTAN and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ----S.1(3)(a)---Immunity from operation of Industrial Relations Ordinance 1969---Petitioner, being subsidiary of Shaheen Foundation, Pakistan Air Force and beneficiary therefrom, claimed to be "persons connected with or incidental Government, they do not fall within the purview of the proviso to clause (4) of section 1 of the Standing Orders Ordinance, 1968 and hence the provisions of the Ordinance are to prevail to Pakistan Air Force and thus, immune from the operation of Industrial Relations Ordinance, 1969---Validity---Petitioner's employees being engaged for manufacturing medical solution to cater requirements for special kind of patients, all over, its failure to carry out manufacturing such commodity at best, would result in great loss, and embarrassment to management but by no stretch of imagination would adversely affect functions of any section or services incidental to or connected with Armed Forces---Mere fact that some of the officers of Armed Forces by virtue of their official status had been designated as Chairman or Director of petitioner concern, which otherwise was engaged in manufacturing general products for supplying the same, to all classes of people including export abroad, would not warrant exemption from provisions of Industrial Relations Ordinance, 1969---Formation of trade union by the workers in petitioner concern, unless otherwise prohibited, was thus, not violative of law, for services of such workers had no nexus with functions, responsibilities, or obligations relatable to Armed Forces of Pakistan. Gammon (Pakistan) Ltd., Rawalpindi v. Muzaffar Khan and 7 others 1974 PLC 10; Workers Union v. Registrar, Trade Union 1976 PLC 322; United Builders & Associates v. Presiding Officer, Punjab Labour Court No.1 and others 1976 PLC 855; Ch. Rafiq Ahmed Shah and another v. Chairman Punjab Road Transport Board 1977 PLC (CST) 110; Din Mohammad alias Dona v, Manager, Army Stud Farm, Depalpur, District Sahiwal 1979 PLC 260; Abdul Rashid v. Mohammad Shafi Bhatti, Manager, Military Dairy Farm, Malir Cantt., Karachi 1979 PLC 148; Rahmat Gill & another v. Quetta Cantonment Board PLD 1983 SC…
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