Law:

Section:

(a) Industrial dispute------- Constitution of Pakistan (1973), Art. 17---Right to form union by employees---To form union was a fundamental right guaranteed to every citizen under Art. 17(1) of Constitution of Pakistan (1973)---Right of employees to form organisation, to join or assist labour organisations and to bargain collectively through the representatives of their own choice and to engage in concerted activities for the purpose of collective bargaining or other mutual aid, was a fundamental right---Such right, however, would be subject to such laws which might be framed from time to time---Words "subject to reasonable restrictions" used in cl. (1) of Art. 17 of Constitution of Pakistan (1973), would not admit and permit total denial of right to form labour unions. 1997 SCMR 1128; PLD 1988 SC 53; 1992 SCMR 26; 1984 PLC 1359; 1986 PLC 1; AIR 1962 SC 171; AIR 1962 SC 263 and 1993 SCMR 1837 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 3, 8, 25-A, 34 & 53---Service Tribunals Act (LXX of 1973), S. 2-A---Right of forming union and other collateral rights ---Protection--­Scope of Federal Service Tribunal, would not extend to the matters dealt with under Industrial Relations Ordinance, 1969, relating to labour unions--­Even after insertion of S. 2-A, in Service Tribunals Act, 1973, no remedy would be available under S. 4 of Service Tribunals Act, 1973, nor its scope could be extended to bring within its compass matters mainly relating to Trade Union activities of workers employed in various establishments--­Merely by insertion of S. 2-A in Service Tribunals Act, 1973, right of forming union and other collateral rights flowing there from had not been prohibited and the union and collective bargaining agents could function as before---In order to protect the rights available to officers and members of such trade unions and workers of trade unions, various remedies under Industrial Relations Ordinance, 1969 could still be invoked by aggrieved persons. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8, 8-A, 15, 16, 22-A(8)(g) & 47---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.…

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