Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 2

(a) Industrial Relations Ordinance (XXIII of 1969)---Ss. 2(xxvi), (xiii), 6, 7, 43 & 20(1), proviso-Trade Union-Cars be formed by employers -Registration of such Trade Union--Registrar competent to effect-Such Union of employers cart raise industrial dispute for adjudication by Labour Court. It was contended that a Trade Union is necessarily to be of only the workers or workmen and that Trade Union of employers is not contemplated in the Industrial Relations Ordinance, 1969, and employers can have only associations in terms of section 3(s) of the Ordinance. The action of the Registrar of Trade Unions in registering the employers' Trade Union was accordingly challenged on the plea that it could not be registered. It was further contended that according to section 7(d) of the Ordi­nance seventy-five percent. of the persons forming the executive committee of the Trade Union must be from amongst the workers and a Trade Union could not be registered without this condition ; accordingly compliance of this condition was impossible in forming the Trade Union of employers. Held : Having regard to the definition of Trade Union in section 2 (xxvi) of the Industrial Relations Ordinance, 1969, the employers can also combine together to form a Trade Union to regulate the relations between employers and workmen or employers and employers, and also for imposing restrictive conditions on the conduct of any trade or business. The fact that a Trade Union may be constituted by the employers is also manifest from the proviso to subsection (1) of section 20 ibid, which lays down : "provided that a Trade Union of workmen shall not join a federation which comprises a Trade Union of employer nor shall a Trade Union of employers join a federation which comprises a Trade Union of workmen. The law thus clearly makes provision for the constitution of a Trade Union of the employers quite distinct from the one of the workmen. The provisions contained in clause (c) of section 3, cannot, be read detached from the other provisions of the Ordinance. It is not possible in the case of a Trade Union of employers to comply with the requirement that seventy-five percent. of the officers should be…

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