Case Details

Citation(s)
1992 SLG 674 1992 SLD 674 1992 PLC 163
Supreme Court of Pakistan
Civil Appeal No. 695 of 1988, heard on 19th August, 1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL SHAKURUL SALAM, J

FAQIR MUHAMMADvsTHE DIRECTOR OF NATIONAL SAVINGS, MULTAN REGION, MULTANFAQIR MUHAMMADvsTHE DIRECTOR OF NATIONAL SAVINGS, MULTAN REGION, MULTAN

Law:

Section:

(On appeal from the dated 6-12-1983 of the Lahore High Court, Multan Bench, Multan in Writ Petition No. 354 of 1982) (a) Industrial Relations Ordinance (XXIII of 1969)--- .---S. 1(3)(b)---Person employed in an attached department of Government whether employed "in the administration of the state and as such excluded from the application of Industrial Relations Ordinance. Per Muhammad Afzal Zullah, CJ. and Saad Saood Jan, J. (Majority view)---Provisions of Industrial Relations Ordinance do not extend to all workers or workmen---Section 1(3) of the Ordinance expressly excludes certain categories of employees from its purview. One of the excluded categories relates to persons employed "in the administration of the State"---An employee of attached department of the Government could not seek application of Industrial Relations Ordinance unless he was specifically declared as covered try the Ordinance 111 of 1969. Per Abdul Shakurul Salam, J. (Contra)--- Person being an employee of attached department of Government, could by no stretch of imagination be deemed to be a person employed in the administration of the State in terms of S. 1(3)(b), Industrial Relations Ordinance. Industrial Relations Ordinance, 1969, would be applicable to such a person. Organization of Karachi Port Trust Workers (A Registered Trade Union), Karachi v. Karachi Port Trust, Karachi and 2 others 1988 SCMR 922; The General Secretary, Provincial Buildings Employees' Union, Hyderabad v. The Executive Engineer, Provincial Buildings Division and another 1972 PLC 'S5; The General Secretary, Sindh Signallers & Telephone Operators Association, Hyderabad v. The Registrar of Trade Unions 1973 PLC 40; Secretary to Government, Punjab, Agriculture Department and 3 others v. SField Workers' Union EA.DA., Lyallpur 1976 PLC 13; Registrar, Trade Unions v. TubewelI Drivers, Water Supply and` Sewerage Staff Union, L.I.T., Lahore 1977 PLC 476; 1973 PLC 358; Secretary, Government of the Punjab, Communications & Works Department and another v. Muhammad Rafi 1978 PLC 158; Employees Union, Jamia Karachi v. Registrar Trade Unions, Sindh and 2 others 1981 PLC 403; State Bank of Pakistan v. Abdul Khaliq NLR 1982…
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