| Citation(s) |
|---|
| 1996 SLG 289 1996 SLD 289 1996 PLC 87 |
Lahore High Court
Writ Petition No. 4853 of 1992, decision dated: 17-02-1993, hearing DATE : 22-12-1992
MALIK MUHAMMAD QAYYUM, J
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Writ Petition No. 4853 of 1992, decision dated: 17-02-1993, hearing DATE : 22-12-1992
MALIK MUHAMMAD QAYYUM, J
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AFTAB A. CHAUDHRY, CHAIRMAN, MANAGING COMMITTEE, THE PUNJAB CLUB, LAHORE
VS
THE REGISTRAR OF TRADE UNIONS, LAHORE REGION, LAHORE and another AFTAB A. CHAUDHRY, CHAIRMAN, MANAGING COMMITTEE, THE PUNJAB CLUB, LAHORE Vs THE REGISTRAR OF TRADE UNIONS, LA
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xiv) & 7(2)---"Club" whether an "industry"---Club is generally understood not as a commercial or industrial organization, but as in the nature of second home of its members and it was especially so in the case of a private club---Income which club generates is from contribution of its members and is not an outcome of any business activity---Services rendered by the club are confined to its members and are more in the nature of those which are enjoyed by a person in his own house---No services were rendered by a "club" to the public in general or to the community at large or even a section thereof--Merely because material services were provided by a club, it could not be considered as an "industry"---Petitioner club, thus could not be regarded to be an "industry" within meaning of Industrial Relations Ordinance, 1969 and as such trade union formed by its employees would not qualify for registration in view of S.7(2) of Industrial Relations Ordinance, 1969. KG. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others PLD 1976 Lah. 1097; Lahore Development Authority and others v. Abdul Shafiq and others 1992 PLC 1214; Board of Intermediate and Secondary Education, Gujranwala through Chairman v. Registrar of Trade Unions, Gujranwala and another 1993 PLC 475; The Secretary Madras Gymkhana Club Employees' Union v. The Management of the Gymkhana Club AIR 1968 SC 554; Cricket Club of India v. Bombay Labour Union and another AIR 1969 SC 276 and Rawalpindi Club, Rawalpindi v. Registrar of Trade Unions and 2 others 1989 PLC 760 ref. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, raises an interesting question of law as to whether a club can be deemed to be an "industry" within the meaning of Industrial Relations Ordinance, 1969, so as to justify formation and registration of trade union formed by the employees of the club. The background in which this question arises is that the petitioner is the Managing Committee of the Punjab Club which was registered as a Society under the…
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