Case ID |
00546b27-0d27-4550-89b4-26fcf093faa6 |
Body |
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Case Number |
Constitutional Petition No. 913 of 1973 |
Decision Date |
Sep 12, 1974 |
Hearing Date |
|
Decision |
The Sindh High Court dismissed the constitutional petition filed by the Sind Road Transport Corporation and its District Managers, affirming the decision of the Sind Labour Appellate Tribunal. The Tribunal had ruled that the Labour Court possessed jurisdiction to entertain the applications made by the Staff Union. The court concluded that the employees of the Corporation, although public servants and engaged in operations on behalf of the Provincial Government, were not employed in the administration of the State, thus not falling under the exceptions stated in the Industrial Relations Ordinance, 1969. The court emphasized that the rights of workers to form unions and raise industrial disputes are essential features of labor law, which must be preserved. |
Summary |
In the case of Sind Road Transport Corporation vs. Staff Union, the Sindh High Court addressed the jurisdictional authority of labor courts over disputes involving statutory corporations. The court ruled that the Labour Court had the jurisdiction to hear applications from the Staff Union, which had alleged violations of their rights under the Industrial Relations Ordinance. The decision upheld the Tribunal's ruling that previous interpretations of the law had excluded the Corporation's employees from being classified as part of the administration of the State. This case is significant in the context of labor rights, union recognition, and the interpretation of statutory provisions affecting public sector employees. Keywords: Labor Rights, Trade Union, Jurisdiction of Labor Courts, Sindh High Court, Industrial Relations Ordinance. |
Court |
Sindh High Court
|
Entities Involved |
Sind Labour Appellate Tribunal,
Sind Road Transport Corporation,
Labour Court No. IV, Karachi
|
Judges |
Z.A. Channa,
Muhammad Hajeem
|
Lawyers |
A. K. Brohi,
Malik Muhammad Saeed
|
Petitioners |
Sind Road Transport Corporation,
District Managers at Malir and Korangi
|
Respondents |
2 Others,
Staff Union
|
Citations |
1975 SLD 1094,
1975 PLC 361
|
Other Citations |
Not available
|
Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Essential Services (Maintenance) Act, 1958,
West Pakistan Motor Vehicles Ordinance, 1965,
Road Transport Workers Ordinance, 1961,
West Pakistan Road Transport Workers Rules, 1962
|
Sections |
34,
32,
70
|