| Case ID |
d6d1545e-8a83-42a6-9fb8-93623db1e287 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeals Nos. K |
| Decision Date |
Nov 24, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the Canteen Stores Department Employees' Union to examine the Lahore High Court's judgment regarding the employment status within the Canteen Stores Department. The court highlighted that the employment is indeed connected with the defense forces, thus excluding it from the applicability of the Industrial Relations Ordinance under section 1(3). The appeal and petition were found to have no merit and were dismissed without any order as to costs, affirming the High Court's previous ruling that the Canteen Stores Department operates in a capacity connected with the Armed Forces, regardless of its status as a government or private entity. |
| Summary |
This case revolves around the legal interpretation of the employment status of individuals working in the Canteen Stores Department (C.S.D.) in Pakistan and whether it falls under the Industrial Relations Ordinance. The Supreme Court of Pakistan addressed the appeal from the Canteen Stores Department Employees Welfare Union, which contested the Lahore High Court's ruling that their employment was service connected with the defense sector, thereby excluding them from the provisions of the Industrial Relations Ordinance. The court upheld that C.S.D. is indeed linked to the Armed Forces, emphasizing its role in supplying essential goods to military personnel, thereby justifying its exemption from the ordinance. This case is significant for labor law and the rights of employees in military-connected organizations, particularly regarding union registration and the applicability of labor laws. It serves as a precedent for similar cases involving employment in organizations that support defense and military operations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Canteen Stores Department,
Canteen Stores Department Employees Welfare Union, Karachi
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN, JJ
|
| Lawyers |
M. A. Siddique, Advocate on-Record for Appellant,
Ubaidur Rehman,
Ch. Asmatullah for Respondents
|
| Petitioners |
CANTEEN STORES DEPARTMENT EMPLOYEES WELFARE UNION, KARACHI
|
| Respondents |
CANTEEN STORES DEPARTMENT AND OTHERS
|
| Citations |
1983 SLD 264,
1983 SCMR 1101
|
| Other Citations |
General Manager Canteen Stores Department Karachi v. Abdul Rashid and another C. A. No. K 79 of 1972,
Lt. Muhammad Zaman v. General Manager, Canteen Stores Department and another C. A. No. 20 P of 1973,
United Builders and Associates v. Presiding Officer, Punjab Labour Court No. 1 and others 1976 P L C 855
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance XXIII of 1969
|
| Sections |
185(3),
199,
1(3)
|