| Case ID |
d8865828-cff1-4bda-99f0-465f4eaedf3d |
| Body |
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| Case Number |
Constitutional Petition No. S-37 and Miscellaneous |
| Decision Date |
Feb 06, 1989 |
| Hearing Date |
|
| Decision |
After hearing this case on several dates of hearing, the parties and advocates present have agreed that, by consent, the impugned order dated 20-11-1989 passed by the Registrar of Trade Unions under section 22(5) of the Industrial Relations Ordinance (I.R.O.) be set aside. Such order was based on an order of remand-dated 3-10-1989 passed by the Labour Court No. VI, Hyderabad in Application No. 25 of 1989 filed under section 34 of the I.R.O., 1969 by the HDA Employees Union, the Collective Bargaining Agent. It is agreed by all concerned that on the setting aside of the impugned order aforesaid, the matter shall stand remanded to Labour Court No. VI, Hyderabad where it will proceed on the basis of the referred application and which forum would determine on the basis of such evidence as may be adduced as to whether Sub-Engineers and Draftsmen working with H.D.A. fall or do not fall within the category of workmen as defined in I.R.O., 1969. Upon reaching such a conclusion, which will be done within one month of receipt of a copy of this Court's order, necessary steps for holding a referendum will be taken with intimation to all concerned. In the meantime, the referendum already held abates. This disposes of the above petition as well as the pending C.M.A. therein, namely MA. 459/89. Case remanded. |
| Summary |
In the significant ruling by the Sindh High Court on February 6, 1989, under Constitutional Petition No. S-37 and Miscellaneous Appeal No. 459 of 1989 (1991 SLD 1821 = 1991 PLC 77), the court deliberated on crucial aspects of the Industrial Relations Ordinance (XXIII of 1969). Presided over by Judge Wajihuddin Ahmed, the case involved the Hyderabad Development Authority Labour Union challenging the Registrar of Trade Unions and other respondents. Central to the dispute was the classification of certain H.D.A. employees as workmen under the ordinance, specifically invoking sections 2(xxviii), 22(5), 25-A, and 34.
The petitioners, represented by Attorney Abdul Ghani Khan, sought to overturn the Registrar's order dated November 20, 1989, which had set aside their application under section 34 of the I.R.O. This application was initially filed to determine whether Sub-Engineers and Draftsmen qualified as workmen, a classification that affects collective bargaining rights and labor relations within the organization. The opposing side, including legal counsel S. Masood Ali Awan, Muhammad Asghar Ali, and Bashir Ahmed, defended the Registrar's decision.
After multiple hearings, the Sindh High Court concurred with the petitioners, agreeing to set aside the Registrar's impugned order. The case was remanded to Labour Court No. VI in Hyderabad for further proceedings based on the original application. The Labour Court was tasked with evaluating evidence to definitively classify the employees in question. Additionally, the court mandated that within one month of the decision, a referendum would be conducted to inform all relevant parties of the classification outcome. Importantly, any referendum actions already undertaken were declared null and void, ensuring no conflicting results.
This judgment not only resolved the immediate dispute but also provided clarity on the application of the Industrial Relations Ordinance in employment classification. It underscores the judiciary's role in mediating labor disputes and ensuring fair labor practices. The decision serves as a precedent for future cases involving labor classification, collective bargaining, and the procedural aspects of remanding cases for further evidence-based examination. Organizations and labor unions closely monitoring industrial law will find this case pivotal in understanding the nuances of labor classification under Pakistani law, especially concerning the rights and definitions outlined in the Industrial Relations Ordinance of 1969. |
| Court |
Sindh High Court
|
| Entities Involved |
Registrar of Trade Unions,
Labour Court No. VI, Hyderabad,
HDA Employees Union
|
| Judges |
WAJIHUDDIN AHMED, J
|
| Lawyers |
Abdul Ghani Khan,
S. Masood Ali Awan,
Muhammad Asghar Ali,
Bashir Ahmed
|
| Petitioners |
HYDERABAD DEVELOPMENT AUTHORITY LABOUR UNION
|
| Respondents |
THE REGISTRAR,
TRADE UNIONS and others
|
| Citations |
1991 SLD 1821,
1991 PLC 77
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(xxviii),
22(5),
25-A,
34
|