| Case ID |
2ba26e47-508e-4dec-b098-15c86705bb7c |
| Body |
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| Case Number |
W. P. No. 4790 of 1991 |
| Decision Date |
Feb 17, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the rights of employees of the Civil Aviation Authority to form unions under Article 17 of the Constitution of Pakistan. The court found that the restrictions imposed by the Pakistan Civil Aviation Authority Ordinance and its service regulations were unconstitutional. The court emphasized that the right to form and operate a trade union is essential for maintaining industrial peace and that any regulations that hinder these rights must be closely scrutinized. The court declared that the employees have the right to form a union and that any prohibitive conditions set by the authority are invalid as they violate the constitutional rights guaranteed to the workers. |
| Summary |
In the case of the Union of Civil Aviation Employees vs. Civil Aviation Authority, the Lahore High Court addressed the critical issue of the right to form trade unions under Article 17 of the Constitution of Pakistan. The court found that the employees of the Civil Aviation Authority are entitled to establish and operate unions without arbitrary restrictions from the authority. The ruling highlighted the importance of collective bargaining as a means to ensure fair labor practices and maintain industrial harmony, especially in a sensitive sector like civil aviation. The decision reaffirmed the constitutional protection of workers' rights and set a precedent for future cases involving labor relations and union formation. Keywords such as 'trade union rights', 'collective bargaining', 'industrial peace', and 'constitutional law' are essential for understanding the implications of this ruling and its impact on labor laws in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Pakistan,
Civil Aviation Authority,
Union of Civil Aviation Employees
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Dr. A. Basit,
M.M. Saeed Baig,
Faqir Muhammad Khokhar, Dy. A.G. for Pakistan
|
| Petitioners |
UNION OF CIVIL AVIATION EMPLOYEES, LAHORE,
Maqsood Ahmad
|
| Respondents |
CIVIL AVIATION AUTHORITY, ISLAMABAD through its Director-General
|
| Citations |
1993 SLD 1154,
1993 PLD 306
|
| Other Citations |
All India Bank Employees' Association v. The National Industrial Tribunal, Bombay and others AIR 1962 SC 171,
M/s. Raghubar Dayal Jai Parkash and others v. The Union of India and another AIR 1962 SC 263,
Brij Bhushan and another v. The State of Delhi AIR 1950 SC 129
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan Civil Aviation Authority Ordinance (XXX of 1992),
Pakistan Civil Aviation Authority Service Regulations, 1982
|
| Sections |
17,
23,
6.22,
6.26
|