| Case ID |
0fa50e79-7bd4-4777-a743-ce62c761a718 |
| Body |
View case body. Login to View |
| Case Number |
C.P. Nos. 39 and 90 of 1992 |
| Decision Date |
Jul 14, 1992 |
| Hearing Date |
Jul 01, 1992 |
| Decision |
The Quetta High Court ruled against the registration of the Livestock Employees Union and the Agricultural Beldar Employees Union, determining that members of these unions did not qualify as 'workers' under the relevant laws. The court highlighted that the members were civil servants, thus exempt from the provisions of the Industrial Relations Ordinance. The case emphasized the distinction between civil servants and workers, noting that civil servants could not form unions as they are governed by different statutes. The petitions were accepted, rendering the previous registration orders as without lawful authority. |
| Summary |
In the landmark case of C.P. Nos. 39 and 90 of 1992, the Quetta High Court examined the legality of the registration of trade unions formed by employees of the Government of Balochistan. The court's decision hinged on the interpretation of the term 'worker' as defined in the Factories Act and the Industrial Relations Ordinance. The court concluded that the employees involved were civil servants and thus fell outside the scope of the definitions that would allow them to form unions. This ruling reinforces the legal framework around the rights of civil servants in Pakistan, particularly in relation to collective bargaining and unionization. The case serves as a precedent for future disputes regarding the classification of government employees and their rights under labor laws, highlighting the ongoing tension between government employment regulations and workers' rights. |
| Court |
Quetta High Court
|
| Entities Involved |
Government of Balochistan,
Livestock Employees Union, Balochistan,
Agricultural Baledar Employees' Union, Balochistan,
Agricultural Field Assistant Union Balochistan
|
| Judges |
AMIRUL MULK MENGAL,
IFTIKHAR MUHAMMAD CHAUDHARY
|
| Lawyers |
H. Shakeel Ahmed,
Syed Ayaz Zahoor,
Zafar Khan Mandokhail
|
| Petitioners |
GOVERNMENT OF BALOCHISTAN, LIVESTOCK DEPARTMENT
|
| Respondents |
LIVESTOCK EMPLOYEES UNION, BALOCHISTAN,
Agricultural Baledar Employees' Union, Balochistan,
Agricultural Field Assistant Union Balochistan
|
| Citations |
1993 SLD 1114,
1993 PLC 13
|
| Other Citations |
Faqir Muhammad v. Director of National Savings, Multan Region, Multan PLD 1992 SC 127,
1987 SCMR 1119,
Employees' Old-Age Benefit Institution v. N.I.R.C. 1988 SCMR 765
|
| Laws Involved |
Constitution of Pakistan (1973),
Factories Act (XXV of 1934),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
199,
2(h),
7
|