| Citation(s) |
|---|
| 1997 SLG 572 1997 SLD 572 1997 PLC 57 |
Supreme Court of Pakistan
Civil Appeals Nos.889 of 1994 and 532 of 1995, decisiondated: 10-11-196. (On appeal from, the judgments dated31-8-1994 and 10-10-1994 of the High Court of Balochistan inWrit Petitions Nos. l56 and 191 of 1994).
AJMAL MIAN, SAIDUZZAMAN SIDDIQUI AND ZIA MAHMOOD MIRZA, JJ
Civil Appeals Nos.889 of 1994 and 532 of 1995, decisiondated: 10-11-196. (On appeal from, the judgments dated31-8-1994 and 10-10-1994 of the High Court of Balochistan inWrit Petitions Nos. l56 and 191 of 1994).
AJMAL MIAN, SAIDUZZAMAN SIDDIQUI AND ZIA MAHMOOD MIRZA, JJ
AGRICULTURE WORKERS UNION, BALOCHISTANvsTHE REGISTRAR OF TRADE UNIONS, BALOCHISTAN, QUETTA and others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)S. 2(xxviii)Constitution _ of Pakistan (1973), Art. 185(3): "Workman" DefinitionAgricultural Workers* Union and Municipal Corporation Workers' UnionRegistrationValidityHigh 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 workersPetition for leave to appeal against such finding of High CourtPetitioners, 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 judgment 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 unionLeave to appeal was granted to consider the contention of petitioners. Civil Petition No.66Q of 1992 and C.As. Nos.48Q to 67Q of 1993 mentioned. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 2 (xxviii) & 5Factories Act (XXV of 1934), S. 2 (h)Workmen's Compensation Act (VIII of 1923), S.2(n)"Workman"DefinitionAgricultural Workers' UnionRegistration as trade unionValidityÂWhether members of Agricultural Workers' Union though employed in it Government Department fell within the category of workers/workmen as defined in Factories Act, 1934…
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