| Citation(s) |
|---|
| 1996 SLG 586 1996 SLD 586 1996 PLC 577 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 66-Q, 67-Q and 74-Q of 1992, decision dated: 7-10-1992
ABDUL QADEER CHAUDHRY AND SAIDUZZAMAN SIDDIQUI, JJ
Ali Amjad, Advocate Supreme Court. Raja M. Afsar; Advocate General, Balochistan and Tariq Mahmood, Advocate on-Record
Civil Petitions for Leave to Appeal Nos. 66-Q, 67-Q and 74-Q of 1992, decision dated: 7-10-1992
ABDUL QADEER CHAUDHRY AND SAIDUZZAMAN SIDDIQUI, JJ
Ali Amjad, Advocate Supreme Court. Raja M. Afsar; Advocate General, Balochistan and Tariq Mahmood, Advocate on-Record
LIVESTOCK EMPLOYEES UNION and others
VS
GOVERNMENT OF BALOCHISTAN, LIVESTOCK DEPARTMENT through Secretary; Quetta and others LIVESTOCK EMPLOYEES UNION and others Vs GOVERNMENT OF BALOCHISTAN, LIVESTOCK DEPARTMENT through Secretary; Quetta and others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 3(b)---Balochistan Civil Servants Act (IX of 1974), S. 2(b)---Constitution of Pakistan (1973), Art. 185(3)---Persons of various Government, Departments forming' workers' unions---Registrar, Trade Unions, issuing certificate as Collective Bargaining Agents in favour of each petitioner---Government being aggrieved against issuance of certificate by Registrar challenged his orders in each case by filing Constitutional petition in High Court, whereby certificates of registration issued in favour of petitioners .by Registrar were set aside--Validity---Provision of S. 2(b), Industrial Relations Ordinance, 1969 bars application of the Ordinance to any person employed in the administration of State other than those employed as workmen by Railway, Posts, Telegraph and Telephone Departments---Primary object of departments (employees whereof had formed unions) was to explore all avenues for the advancement of particular, field and to cater for the needs of public at large costs where was to be borne from public funds---Departments in question, did not run any industry--- Departments concerned for performance of their duties made research in their special fields---Nature of work performed by each employee (who had formed union) indicated that they were not running any industry---Government was not consuming any wealth from the establishments, employees whereof had formed union---Petitioners being civil servants provisions of Labour Laws were not applicable to them and thus, they were not entitled to form unions whose object was to act as Collective Bargaining Agent---No infirmity was pointed out in the order of High Court whereby certificate of Registration issued in favour of petitioners was set aside---Leave to appeal was refused in circumstances. Employees' Old-Age Benefits Institution v. N.I.R.C. 1988 SCMR 765; Employees' Union, Jamia Karachi v. Registrar, Trade Unions, Sindh 1981 PLC 403; K.G. Old v. Presiding Officer, Punjab Labour Court .PLD 1976 Lah. 1097; A.F. Ferguson & Co. v. Sindh Labour Court PLD 1985 SC 429 and Faqir Muhammad v. Director, National Savings PLD.1992 SC 127 ref. JUDGMENT ABDUL QADEER…
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