2001 PLP 26 (PLC)

1993 PLC 475 and 1976 PLC 675 ref. Hanif Ahmad Dogar for Appellant. Nemo for Respondent No.

1. Abdul Rashid Randhawa for Respondent No.2. The Registrar Trade Unions, Faisalabad had approached the learned Labaur Court, Faisalabad, by lodging complaint under‑section 10 of the Industrial Relations Ordinance, 1969, for direction for cancellation of the Ittehad Workers Union, stated to have been formed and operating in the set up of the Ayub Agricultural Research Institute, Faisalabad, in contravention of the provisions of the Ordinance aforesaid. The Labour Court had vide order, dated 18‑11‑1990 disallowed the prayers; and the order was challenged before this Tribunal by way of a Revision Petition, which was accepted on 25‑2‑1991, and the case was remanded for re‑decision, after impleading the Director‑General of the Ayub Agricultural Research Institute as a party. It is to be noted that the respondent No.2 was not a party to the proceedings, originally brought before the learned Labour Court, so that the Institute could not place before the Court its view point. The registration was liable to cancellation on that sole ground, according to the institute. The plea taken up by the Institute and elaborated in the evidence is that it is primarily concerned with the research in the field of agriculture and in keeping itself abreast of the latest developments in the sphere, introducing new varieties of seeds etc. for enhancing agriculture productivity, and it also imparts training to students and research workers within the country as also to outsiders. For all intents and purposes it is an educational and research centre, doing no profit le business. The entire activity will come within the ambit of administration of State, and the employees all are civil servants, considered from any angle, so that the Labour Laws are not applicable to the Institute, as also its employees; from top to bottom. No trade union of the workers, as such, can be permitted to be formed and to function in the set up.

2. The Registrar was not appraised of the actual state of affairs previously, as the so‑called union had not impleaded the Institute as a party and had sufficed to array the Registrar alone as the sole respondent. It may well be inferred that the Institute's administration had been condemned unheard. The registration of the union, if at all it had been sanctioned, was by all means liable to cancellation An exhaustive and very well‑reasoned pronouncement by the Hon'ble Lahore High Court (Mr. Justice Dr. Nasim Hasan Shah), while disposing of Writ Petition No. 74 of 1976, on 10‑1‑1977, has been placed on record and there have been cited a few other authorities, as 1993 PLC 475 and 1976 PLC Lahore 675, and a judgment, dated 25‑6‑1989 in deciding Appeals Nos.LHR. 314 and 315 has also been presented by the learned counsel representing .the Institute.

3. I am in no manner of doubt about the Ayub Research Institute being a Government body, in all respects, in the set up of which no trade union can be constituted and allowed to operate. The learned lower Court's decision, dated 6‑1‑1993 is affirmed and the appeal being without force is hereby dismissed with costs. H.B.T./18/P. (Lab. trib) Appeal dismissed.