| Case ID |
03237615-0e75-4bf5-befa-28102616b571 |
| Body |
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| Case Number |
Writ Petition No. 144 of 2014 |
| Decision Date |
Jan 15, 2015 |
| Hearing Date |
|
| Decision |
The Islamabad High Court ruled in favor of the National Electric Power Regulatory Authority (NEPRA), determining that the order issued by the Registrar of Trade Unions was made without jurisdiction. The court found that NEPRA does not qualify as an 'establishment' or 'industry' under the Industrial Relations Act, 2012, as it does not engage in the production of goods or provision of services. Consequently, the registration of the trade union and the issuance of the Collective Bargaining Agent certificate were deemed invalid. The petition was allowed, and the impugned orders were set aside. |
| Summary |
In the case of Writ Petition No. 144 of 2014, the Islamabad High Court examined the jurisdiction of the Registrar of Trade Unions regarding the National Electric Power Regulatory Authority (NEPRA). The court concluded that NEPRA, defined as a regulatory authority under the National Electric and Power Regulatory Authority Act, does not engage in any business or provide services that would categorize it as an 'establishment' or 'industry' under the Industrial Relations Act, 2012. As a result, the court found that the trade union registered by the respondent was invalid, and the Collective Bargaining Agent certificate issued to it was also without lawful authority. The decision emphasized the importance of adhering to the definitions set forth in the Industrial Relations Act, affirming that only entities engaged in the production of goods or provision of services can be considered as establishments or industries. By ruling in favor of NEPRA, the court reinforced the notion that regulatory bodies have distinct functions that do not fall within the purview of labor laws designed for traditional business entities. This case highlights the significance of jurisdictional clarity in the application of labor laws and the need for regulatory authorities to operate within their defined legal frameworks. Keywords: NEPRA, Industrial Relations Act, regulatory authority, establishment, labor law. |
| Court |
Islamabad High Court
|
| Entities Involved |
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY,
REGISTRAR OF TRADE UNIONS, NIRC
|
| Judges |
ATHAR MINALLAH, J
|
| Lawyers |
Rashid Hanif for Petitioner,
Raja Saif-ur-Rehman for Respondents
|
| Petitioners |
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY
|
| Respondents |
REGISTRAR OF TRADE UNIONS, NIRC and others
|
| Citations |
2015 SLD 267 = 2015 PLC 148
|
| Other Citations |
Union of Civil Aviation Employees, Lahore and another v. Civil Aviation Authority, Islamabad and 3 others PLD 1993 Lah. 306,
Inspector-General of Police Punjab, Lahore and others v. Mahmood Ikram 1998 SCMR 765,
Pakistan WAPDA Employees PEGHAM Union v. Member NIRC, Islamabad and others 2014 SCMR 1676,
Essa Cement Industries Workers' Union v. Registrar of Trade Unions, Hyderabad Region, and 4 others 1998 PLC 500,
Messrs Dreamworld Family Resort through Secretary v. Registrar of Trade Unions and another 2010 PLC 293,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
K.G. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others PLD 1976 Lah. 1097,
A.F. Ferguson & Co. v. The Sindh Labour Court and another PLD 1985 SC 429,
Livestock Employees' Union and others v. Government of Balochistan, Livestock Department 1996 PLC 577
|
| Laws Involved |
Industrial Relations Act, 2012,
Constitution of Pakistan, 1973,
National Electric and Power Regulatory Authority Act, (XL of 1997)
|
| Sections |
1(3),
2(x),
2(xvii),
19(1),
58,
199,
3
|