| Case ID |
17a79825-bddf-4729-b167-af8347182fa7 |
| Body |
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| Case Number |
Writ Petition No. 3713 of 1990 |
| Decision Date |
|
| Hearing Date |
Nov 19, 1990 |
| Decision |
The Lahore High Court rendered a decisive judgment in favor of the petitioner, GHEE CORPORATION OF PAKISTAN, declaring the registration of the respondent No. 2, REGISTRAR, TRADE UNIONS, as a union under the Industrial Relations Ordinance (XXIII of 1969) illegal, mala fide, and beyond the jurisdiction of the Registrar. The court meticulously analyzed the statutory definitions and service rules, concluding that the Assistant Managers of Grade-1 and II are part of the Management Cadre and thus excluded from the definitions of 'worker' and 'workman.' Consequently, their union could not be registered under the IRO. Additionally, the Registrar's failure to adhere to the principles of natural justice by not adequately involving the petitioner in the registration process was deemed a significant procedural flaw. As a result, the petition was allowed, nullifying the unlawful registration of the union. |
| Summary |
In the landmark case of GHEE CORPORATION OF PAKISTAN vs. REGISTRAR, TRADE UNIONS and another, the Lahore High Court addressed pivotal issues surrounding the registration of trade unions under the Industrial Relations Ordinance (XXIII of 1969). The petitioner, GHEE CORPORATION OF PAKISTAN, challenged the legality of registering respondent No. 2, arguing that the Assistant Managers of Grade-1 and II, categorized under the Management Cadre, were excluded from the definitions of 'worker' and 'workman' as per Section 2(xxviii) of the IRO. This exclusion meant that their union did not qualify for legitimate registration, undermining the protections and regulations intended for non-management employees. The court delved deep into the service rules and corroborative office memorandums, establishing that the Assistant Managers were indeed part of the Management Cadre, thereby reinforcing their exclusion from the union's registration. Furthermore, the court criticized the Registrar's procedural lapses, highlighting the absence of a fair hearing for the petitioner and the failure to notify existing unions as mandated by Section 7(2). Citing precedents like Punjab Agricultural Development and Supplies Corporation Employees Welfare Union v. Registrar and others, the court underscored the necessity of adhering to natural justice principles in union registrations. The culmination of these arguments led to the court's decision to nullify the illegal registration, setting a precedent for stringent adherence to labor laws and fair procedural practices in Pakistan's industrial relations framework. This case emphasizes the critical balance between management and labor rights, ensuring that organizational structures and legal definitions are meticulously observed to maintain equitable labor relations. |
| Court |
Lahore High Court
|
| Entities Involved |
GHEE CORPORATION OF PAKISTAN,
REGISTRAR,
TRADE UNIONS
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Mirza Muhammad Rashid Ahmed Raza,
Ch. Mushtaq Ahmad Khan
|
| Petitioners |
GHEE CORPORATION OF PAKISTAN
|
| Respondents |
REGISTRAR, TRADE UNIONS and another
|
| Citations |
1991 SLD 1893,
1991 PLC 207
|
| Other Citations |
Punjab Agricultural Development and Supplies Corporation Employees Welfare Union (CBA) v. Registrar, Trade Unions, Bahawalpur Region, Bahawalpur, etc. 1991 P L C 38,
Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another 1979 S C M R 304,
Organisation of Karachi Port Trust Workers (A Registered Trade Union), Karachi v. Karachi Port Trust, Karachi and 2 others 1988 S C M R 922,
Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and another P L D 1975 Kar. 342,
General Manager, Hotel International, Lahore and others v. Bashir A. Malik etc. P L D 1986 SC 103,
Mujahid Workers' Union (Regd.), Rehmania Textile Mills v. Mazdoor Union, Rehmania Textile Mills and 2 others 1987 P L C 234
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S.2 (xxviii),
S.7 (2)
|