| Citation(s) |
|---|
| 1998 SLG 1390 1998 SLD 1390 = 1998 PLC 477 |
Lahore High Court
Writ Petition No. 1001 of 1996, decision dated: 4-03-1998.
SHEIKH AMJAD ALI, J
Writ Petition No. 1001 of 1996, decision dated: 4-03-1998.
SHEIKH AMJAD ALI, J
PAKISTAN ENGINEERING COUNCILvsREGISTRAR, TRADE UNIONS and another
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 2(ix), 2(xiv) & 7(2)
Law: West Pakistan Commercial and Employment (Standing Orders) Ordinance, 1968
Section: 2(h)
Law: Constitution of Pakistan, 1973
Section: 199
(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2(ix), 2(xiv) & 7(2)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(h)--�Constitution of Pakistan (1973), Art. 199---Constitutional petition--�Certificate of registration granted to employees of Pakistan Engineering Council---Definition of terms "Establishment" and "Industry" as given in Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--�Applicability---Definition of "commercial establishment" as given in S. 2(b), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, would be applicable to said Ordinance itself and same could not be made applicable to cases covered under Industrial Relations Ordinance, 1969, which itself contains definition of term "establishment" and "industry "---Pakistan Engineering Council was neither "establishment" nor "industry", therefore, all those employed by it, who were "workmen" within meaning of Industrial Relations Ordinance, 1969, were not entitled to get registration of 'their union under provisions of the Ordinance--�Certificate of registration granted by Registrar of Trade Unions was also legally defective in so far as no opportunity was given to petitioner (Engineering Council) before registration of its employees' union.Pakland Cement Limited, Karachi v. Registrar of Trade Unions, Karachi and 8 others 1994 PLC 177; Hotel International v. Bashir A. Malik PLD 1986 SC 103; Lahore Development Authority and others v. Abdul Shafiq and others 1992 PLC 1214; K.G. Old's case PLD 1976 Lah. 1097; A. F. Ferguson & Co. v. The Sindh Labour Court and another PLD 1985 SC 429; Aftab A. Chaudhary, Chairman, Managing Committee, Punjab Club, Lahore v. The Registrar, Trade Unions, Lahore and another 1996 PLC 87 and The Controller, Stationery and Forms, Government of Pakistan v. The Registrar, Trade Unions, Sindh and others PLD 1991 SC 353 ref.(b) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 7 & 10---Constitution of Pakistan (1973), Art. 199---Cancellation of registration--- Person entitled to…