| Case ID |
2df7d5e2-0628-4990-a5f7-25d6d498a221 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 226, 425 of 2012, 72 |
| Decision Date |
Jun 26, 2014 |
| Hearing Date |
|
| Decision |
The Balochistan High Court dismissed the constitutional petitions challenging the constitutionality of the Industrial Relations Act, 2012, affirming that the Act was within the legislative competence of Parliament. The court ruled that the Act serves to regulate industrial relations in trans-provincial establishments, thus ensuring uniformity in the treatment of workers across provinces. The court emphasized the importance of a single collective bargaining agent for inter-provincial establishments to avoid complications and protect workers' rights. Additionally, the registration of NADRA Employees Union Balochistan was declared invalid as NADRA, being a federal entity, could not be governed by provincial laws. The court directed the Registrar Trade Unions Balochistan to cancel the registration of the NADRA Employees Union. |
| Summary |
This case revolves around the constitutionality of the Industrial Relations Act, 2012, which was challenged by various trade unions and workers' federations. The Balochistan High Court upheld the Act, asserting that it falls within the legislative authority of Parliament as it pertains to trans-provincial establishments. The court highlighted the necessity of a standardized approach to labor relations across different provinces, arguing that fragmented trade union representation could lead to confusion and undermine workers' rights. The court also addressed the status of NADRA Employees Union and ruled that trade unions representing federal entities like NADRA must comply with federal laws, rendering any provincial registration void. This decision emphasizes the need for clarity in labor laws and the protection of workers' rights in a federal context, making it a significant ruling in the landscape of labor relations in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
WAPDA,
PTCL,
NADRA,
GOVERNMENT OF PAKISTAN,
QESCO,
PAKISTAN WORKERS FEDERATION
|
| Judges |
MUHAMMAD KAMRAN MULAKHAIL, JUSTICE,
QAZI FAEZ ISA, Chief Justice
|
| Lawyers |
Muhammad Amir Rana,
Syed Ayaz Zahoor,
Muhammad Ayub,
Chaudhry Mumtaz Yousaf,
Tariq Ali Tahir,
Mehta W.N. Kohli,
Nasir Khan Yousafzai,
Kamran Murtaza,
Tahir Ali Baloch,
Talat Waheed,
Misbah ul Mustafa,
Nadeem Akhtar Afghan,
Iram Mehmood
|
| Petitioners |
,
PAKISTAN WORKERS FEDERATION, BALOCHISTAN THROUGH PRESIDENT PAKISTAN WORKERS FEDERATION, BALOCHISTAN,
NADRA Employees Union Balochistan
|
| Respondents |
WAPDA,
,
NADRA,
GOVERNMENT OF PAKISTAN THROUGH FEDERAL SECRETARY, MINISTRY OF LAW AND JUSTICE, ISLAMABAD
|
| Citations |
2014 SLD 2726,
2014 PLC 351
|
| Other Citations |
AIR League of PIAC Employees v. Federation of Pakistan 2011 SCMR 1254,
Imran Ali Shah v. Government of Pakistan 2013 PLC 143,
Merck (Pvt.) Ltd v. Merck Employees Union SBLR 2012 Bal. 89,
Shaheen Airport Services v. National Industrial Relations Commission 2011 PLC 105,
United Provinces v. Atiqa Begum AIR 1941 FC 16,
McCulloch v. Maryland 17 US 316,
Abdur Rahim v. Federation of Pakistan PLD 1988 SC 670,
Messrs Haider Automobile Ltd. v. Pakistan PLD 1969 SC 623
|
| Laws Involved |
Industrial Relations Act (X of 2012),
National Database and Registration Authority Ordinance (VIII of 2000),
Balochistan Industrial Relations Act (XIV of 2010)
|
| Sections |
2(x),
2(xxxii),
19,
Preamble,
43,
3,
9
|