| Citation(s) |
|---|
| 1997 SLG 541 1997 SLD 541 1997 SCMR 66 |
Supreme Court of Pakistan
Civil Appeals Nos.889 of 1994 and 532 of 1995, decisiondated: 10-11-1996
ZIA MAHMOOD MIRZA, JJ
Civil Appeals Nos.889 of 1994 and 532 of 1995, decisiondated: 10-11-1996
ZIA MAHMOOD MIRZA, JJ
AGRICULTURE WORKERS UNION, BALOCHISTANvsTHE REGISTRAR OF TRADE UNIONS, BALOCHISTAN, QUETTAand
Law:
Section:
(a) Industrial Relations Ordinance (XXIB of 1969)--S. 2(xxviii)---Constitution of Pakistan (1973), Art. 185(3)---"Workman"--Definition---Agricultural Workers' Union and Municipal Corporation Workers' Union---Registration---Validity---High Court relying on a Supreme Court decision had found that the Veterinary Assistants, Stock Assistants and Technical Staff of Livestock Assistants and 'technical Staff of Livestock Department could not be said to be persons engaged in the running of an industry and as such they were not entitled to get themselves registered as a Trade Union of workers---Petition for leave to appeal against such finding of High Court ---Petitioners; however, relied on a subsequent decision of Supreme Court (by a Larger Bench) which after taking into consideration the definition of workman given in Industrial Relations Ordinance, 1969, had found that the persons connected with the construction or maintenance work of buildings, employed in P.W.D. could not be treated as persons employed in the administration of State and therefore such persons were entitled to form a trade union under Industrial Relations Ordinance, 1969 and contended that although in the of Supreme Court relied by the High Court, Supreme Court had found that the employees of the Department of Agriculture did not fall within the definition of employees of an industry but the definition of "workman" as given in the I.R.D. which had an important bearing on the matter was not considered---Petitioners further contended that in view of subsequent decision of Supreme Court (Larger Bench) petitioners were entitled to get themselves registered as a trade union---Leave to appeal was granted to consider the contention of petitioners. Civil Petition No.66-Q of 1992 and C.As. Nos.48-Q to 67-Q of 1993 mentioned. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2 (xxviii) & 5---Factories Act (XXV of 1934), S. 2 (h)---Workmen's Compensation Act (VIII of 1973), S.2(n)---"Workman"---Definition--Agricultural Workers' Union---Registration as trade union---Validity---Whether members of Agricultural Workers' Union though employed in a Government Department fell within the category of…
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