Case Details

Citation(s)
1991 SLG 1593 1991 SLD 1593 1991 PLC 605
National Industrial Relations Commission
Case No. 3(28) of 1989, decision dated: 26-12-1989.
MAHMOOD AKHTAR, REGISTRAR OF INDUSTRYWISE TRADE UNIONS AND SENIOR MEMBER

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Law:

Section:

(a) Industrial Relations Ordinance (XX111 of 1969)-- ----S. 8(5)---Registration of Union---National Logistic Cell (NLC) Sherdil Peoples Welfare Union of Pakistan whose membership consisted of civilian employees in NLC and did not extend to Army Personnel employed by NLC could not be registered under S.8(5) of Industrial Relations Ordinance, 1969--­Membership to one category of workers i.e. civilians was barred due to operation of said Ordinance and not by any distinctive practice on part of Union ---NLC was connected with Armed Forces of Pakistan, only thirty per cent civilians were employed in its establishment---Small work of loading and unloading of luggage etc. of general public was assigned to it while a major portion of its function was connected with Armed Forces of Pakistan, all this thus could not bring NLC within purview of Industrial Relations Ordinance, 1969---Held, if NLC rendered services to general public as a small part of its functions and a major portion of its functions was connected with Armed Forces of Pakistan, then this would not change the character of NLC, if it was otherwise connected with or incidental to Armed Forces of Pakistan ---NLC performing certain commercial activities of transporting goods of general public including other activities of civilian nature, would not forsake its character as transporter of troops and defence material or as an organisation connected with Armed Forces of Pakistan---Quarter Master General of Pakistan Army was the Officer Inchage of NLC; but he being also a member of Armed Forces of Pakistan, stood expressly excluded from purview of Industrial Relations Ordinance---If NLC Union was registered, it would still not bring about normal reciprocal legal obligations arising from registration of a trade union under Industrial Relations Ordinance, 1969---Application of NLC Sherdil Peoples Welfare Union of Pakistan was refused to be registered under S.8(5) of Industrial Relations Ordinance, 1969 in circumstances. Bata Shoe Co. (Pakistan) Ltd. Karachi v. Registrar Trade Unions Sindh P L D 1978 Kar. 567 and Quetta Cantonment v. Muhammad Ishaq 1980 P L C 229 ref. Management Municipal Committee Mianwali v. General…
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