Law:

Section:

(a) Dock Workers (Regulation of Employment) Act (IX of 1974)--­ ----S. 3---Karachi Dock Workers (Regulation of Employment) Scheme. 1973, paras. 2, 7 & 51---Constitution of Pakistan (1973), Art. 199---Industrial Relations Ordinance (XXIII of 1969), S. 10---Registration of Trade Union---Petitioners' objection to the registration of Trade Union of contesting respondent was brushed aside and same was granted certificate of Collective Bargaining Agent--­ Validity---Petitioners' objection to the registration of Trade Union was that petitioners were not employers of the members of Trade Union and members of Trade Union being not in their employment could not be registered---Members of respondent Trade Union being registered with Dock Labour Board were governed by the requirements of Dock Workers (Regulation of Employment) Act, 1991, and Karachi Dock Workers (Regulation of Employment) Scheme, 1973----Different gangs of workers were formed who were wedded with particular tidal and on requirement of such workers by Stevedores, works were provided on rotation basis, for their casual employment by petitioners----Status of tindals, serangs and dock workers of any category including cleaning workers being the same, they were governed by the same law---None of the members of Trade Union were in permanent employment of any of the petitioners establishments--­ Provisions of Industrial Relations Ordinance, 1969 being not applicable to some of the workers who were one of the category of Dock Workers, registration of respondent as a Trade Union and certification thereof as Collective Bargaining Agent was without jurisdiction and unlawful. It is not the choice of the Stevedores to choose particular Serang Tindal or Dock Worker or to fix their wages for the work to be performed by them. They do not exercise any control over the workmen provided by the Board to the Stevedores. No doubt, Dock Workers including the Cleaning Workers do work under the supervision of the Stevedores and are paid for the specific work executed by them as fixed by the Board. This was to be seen in the perspective of the fact that the gangs of workers constituted by the Board, work by rotation and a…

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