Law:

Section:

Industrial Relations Ordinance (XCI of 2002)----------Ss.2(xiii), 6(2)(b) & 80--Constitution of Pakistan (1973), Art.199---Registration of Trade Union---"Group of establishments"---Definition---position prevailing prior to enactment of Industrial Relations Ordinance, 2002, was that "Group of establishment" was defined to mean "Group of establishments owned by one or more employers"; while in the repealed Ordinance i.e. Industrial Relations Ordinance, 1969, no such restriction that in a `group of establishments' all establishments were to be owned by one owner existed---Provisions of subsection (c) of S.80 of Industrial Relations Ordinance, 2002 had specifically provided that any document referring to repealed Ordinance, 1969, relating to industrial relations would be construed as referring to corresponding provisions of newly promulgated Ordinance, 2002 and corresponding provision in said Ordinance, was S.2(xiii) which was required to be referred to---Any reference to term `Group of establishments', in circumstances was to be construed in the manner as set forth in amended definition, otherwise same would come in conflict with provisions of S.80(c) of Industrial Relations Ordinance, 2002---Petitioner unions and respondent union would cease to exist by virtue of enactment of law being violative of provisions of S.2(xiii) of Industrial Relations Ordinance, 2002 because a group of establishments owned by different employers was no longer recognized by law and registration of a trade union with respect to such a group, was beyond the scope of powers and jurisdiction of Registrar of Trade Unions. Sanitation Agency Employees Walfare Union v. Registrar, Trade Unions 2003 PLC 386; Karachi Port. And Dock Workers Union v. Government of Pakistan 2004 PLC 252 and Application of Pakistan Spencers Employees Union 1977 PLC 20 ref. Ashraf Hussain Rizvi for Petitioners. Rafiullah for Respondents. Date of hearing: 27th May, 2005. JUDGMENT ZIA PERWAZ, J.---The petitioners, who themselves are two duly registered Trade Unions working at Port Muhammad Bin Qasim, are aggrieved by the issuance of the Registration Certificate dated 14-5-2003 by Respondent No.1. Registrar of Trade…

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