1976 PLP 480 (PLC)

Ss. 1(3) and 8-kegistration of Union-Employees of Irrigation Research Station - Not persons employed in administration of the State-Such employees though Government servants not excluded from purview of Ordinance and entitled to form., and get their Uoiot. registered. 1971 P L C 858 and 1971 P L C 163 rel. 1970 P L C 841 distinguished. Nazir Ahmad Naz for Appellant. H. R. Haider for Respondent. The Irrigation Research Employees' Union, Nandipur has brought this appeal under section 8(3) of the industrial Relations Ordinance against order of the Registrar whereby he refused to register the petitioner Union. The ground on which the Registrar refused the registration of the petitioner-Union is that their members ate employed in the administration of the State and the IRO is not applicable. The members of the Union have been employed on workcharge basis. Every Government servant cannot be said to have been employed in the administration although every person employed in the administration of the State would be a Government servant. So the criteria to say whether a person has been employed to the administration of the State, is not if he is a Government servant or not. For deciding the point it shall have to be seen what are the duties of the Department in A which the person is employed and what are the nature of the duty of such a person. Irrigation Research is maintaining a laboratory, the employees of which have formed a Union. There is no ban on maintaining laboratories and making researches. When every person can make a research, the employees of the Government working in a research laboratory would be like those employees who are working in a private laboratory. The simple reason that the Government has also set up the same kind of research laboratory, which private persons have started, would not deprive the workers " from the benefit of I. R. O. If some private body in a research laboratory has employed the members of the petitioner-Union they would have been fully entitled to form a Union. So even they can form Union for irres pective of the fact that the laboratory in which their work has been set up by the Government. Moreover setting up of research laboratories cannot be said to have been an act towards the administration of the State. Laboratories are maintained and researches are made to improve the work and such an act cannot be said to have been made awards the administration of the State. The work with the Irrigation Research Station can also be done by the private bodies and there is no restriction, simply because the Government has maintained its works: department cannot change the position w id rights of the employees employed is such a Department. Buildings and roads can be constructed by private bodies also There are instances that the Government have got constructed roads and buildings by private firms or by contractors. Such private contractors employ labour not permanently but on work-charge basis. Irrigation Research Station has employed the workers on the same terms and conditions. If some private company has employed the members of the petitioner-Union they would have been entitled to form Union. As the nature of their duties is not different and so they cannot be said to have been employed in the administration of the State They are fully entitled to get it registered. On behalf of the petitioner reliance has been placed on 1971 i' L C 858 and 1971 P L C

163. Both the authorities support the case of the petitioner. Learned counsel for the respondent has relied upon 1970 P L C 841 but it is distinguishable from the facts of the present case. It has been held in this authority that persons employed in the Fast Pakistan Government Settlement Press are persons "employed" in the administration of the State. East Pakistan Government maintained a press not for the publication of private journals and newspapers but for the publication of Notifications, Government Gazettes, Acts and Ordinances. Obviously Notifications, Government Gazettes, Acts, and Ordinances are made and promulgated for the administration of the State. So the persons employed in such a department cannot be said to have been employed in the administration of the State if the work to be done by them has some connection with the Administration of the State. As a result of the observations made above 1 overrule the objection, set aside the order of the Registrar and accept the appeal. The Resgistrar Trade Unions is directed to register the petitioner-Union. Parties present.