2025 PLP 42 (PLC)

MUHAMMAD AAMIR NAWAZ RANA, J.

Through this common judgment, we intend to dispose of the above captioned constitution petitions, as identical questions of facts and law are involved.

2. The petitioners in these constitution petitions are mainly aggrieved from Registration of Pakistan Canal Labour Union Balochistan by the Registrar Trade Unions, National Industrial Relations Commission ('NIRC'), Islamabad and have challenged the Registration Certificate dated 01.10.2015 of said Union.

3. Record transpires that the Registrar Trade Unions NIRC has also issued Collective Bargaining Agent ('CBA') Certificate to Pakistan Canal Labour Union Balochistan in the establishment of Irrigation Department, Government of Balochistan ('GoB') under section 19(1) of the Industrial Relations Act, 2012 ('IRA, 2012').

4. Factual background of these cases can be traced in judgment dated 24.06.2019 passed by this Court in Constitution Petitions Nos.669 of 2013 and 400/2015, whereby the directions were issued to the Chief Secretary GoB as well as to the Secretaries of all the Government Departments to take all the possible steps to get cancel the Registration of Trade Unions existing in different Government Departments. For ready reference, the relevant portion of ibid judgment is reproduced: "

20. Before parting with the judgment it will be appropriate to direct that a copy of this judgment be sent to the Chief Secretary, Government of Balochistan, and also to the Secretaries of all the Government Departments with the directions to take all possible steps to get cancel the registration of the trade unions not only of the Public Health Engineering Labour Union and Public Health Engineering Workers Union, but also all the other trade unions formed by any group of employees in the government service unless satisfied the condition of Rule 30 of the Balochistan Government Servants (Conduct) Rules 1979. It is also for the Registrar Trade Union Balochistan not only to remain conscious, but observe all legal formalities while entertaining any application filed for the purpose of registration of a trade union. The status of the persons who applied for the registration must be determined before entertaining an application filed under Section 4 of the Act 2010. In addition it will be the Chief Secretary Government of Balochistan, the Principal Officer of the Provincial Government, to take all positive steps for cancellation of all such trade unions formed by the government servants without adopting the legal course, without any further loss of time. The illegal practice on part of Government Servants have to be discontinued and in future might not be repeated. The steps taken be with intimation to this office for perusal in Chamber. The petitions are disposed of with the above directions."

5. Record transpires that on the basis of ibid judgment, the Registrar Trade Union Balochistan, vide order dated 12.07.2019, cancelled the Registration of all the Trade Unions formed by the employees of Government Departments, Semi-Government Departments and Autonomous Bodies being governed by the Balochistan Government Servant (Conduct) Rules, 1979. For the facility of ready reference, the ibid order is reproduced: "Dated Quetta the 27th July, 2019 ORDER No.45/R&R/DGLW/QTA/ 1385-1433/ In compliance with the judgment of Honorable High Court Balochistan directives issued in C.P No. 669/2013 and C.P No. 400/2015 dated 24th June, 2019, the Registration of all the Trade unions formed by the employees of Government Departments, Semi Government Departments and Autonomous Bodies being governed by Balochistan Government Servants (Conduct) Rules, 1979 are hereby cancelled with immediate effect. (List of all cancelled unions attached). Registrar Trade Unions Balochistan "

6. Learned counsel for the petitioners mainly contended that despite the aforementioned judgment passed by this Court (which had been complied with in letter and spirit by the Government of Balochistan and by the Registrar Trade Union Balochistan) with mala fide intention and by concealing the facts, the Pakistan Canal Labour Union Balochistan, which was illegally registered by the Registrar Trade Union NIRC, is still functioning. Per learned counsel, NIRC had absolutely no jurisdiction as the Irrigation Department GoB is neither trans-provincial nor it has any nexus with other Irrigation Departments of sister Provinces as the administrative control of Irrigation Department GoB exclusively falls within the jurisdiction of Government of Balochistan, therefore, according to learned counsel, the Registrar Trade Union NIRC committed gross illegality by not only registering the said Union but also by issuing CBA Certificate to the said Union. Per learned counsel, despite cancellation of all Trade Unions in different Departments of Government of Balochistan, on the strength of said Registration Certificate, the Pakistan Canal Labour Union Balochistan is illegally functioning and without any lawful authority portraying itself as CBA in Irrigation Department GoB.

7. Learned counsel appearing on behalf of Pakistan Canal Labour Union Balochistan in these Constitution Petitions, while controverting the contentions of learned counsel for the petitioners, contended that Pakistan Canal Labour Union Balochistan is in fact trans-provincial as the employees of Irrigation Departments Government of Sindh and Government of Punjab are also members of the Union. Learned counsel further contended that the petitioners should have approached NIRC under the relevant provisions of IRA, 2012 for cancellation of Registration Certificate of Pakistan Canal Labour Union Balochistan and in this regard the writ petitions filed by the petitioners are not maintainable. Arguments heard. Relevant record perused.

8. In pursuance of judgment dated 24.06.2019 passed by this Court in Constitution Petitions Nos.669 of 2013 and 400/2015, the Registrar Trade Union Balochistan had cancelled the registration of all the Trade Unions functioning in different Departments of Government of Balochistan. The moot question involved in these constitution petitions is whether the Registrar Trade Union NIRC had the jurisdiction to register the Trade Union of Workers of Provincial Department of Government of Balochistan i.e. Irrigation Department? To dilate upon this question, the relevant provisions of IRA, 2012, particularly its preamble is relevant which are reproduced: "WHEREAS, the Constitution of the Islamic Republic of Pakistan recognizes the freedom of association as a fundamental right of the citizens; AND WHEREAS the Islamic Republic of Pakistan has ratified ILO Convention No.87 on Freedom of Association and Convention No.98 on Right to Organize and Collective Bargaining; AND WHEREAS it is expedient to consolidate and rationalize the law in Islamabad Capital Territory and at trans -provincial level, relating to formation of trade unions and federations of trade unions, determining the collective bargaining agents, regulation of relations between employers and workers, the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto;

2. Definitions.

In this Act, unless there is anything repugnant in the subject or context,-- (i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix) "employer" in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employs workmen in the establishment under a contract of employment and includes-- (a)

(b)

(c) in relation to an establishment run by or under the authority of any department of the Federal Government, the authority appointed in this behalf or, where no authority is so appointed, the Head of the department; (d)

(e)

(x) "establishment" means any office, firm, factory, society, undertaking, company, shop or enterprise, which employs workmen directly or through a contractor for the purpose of carrying on any business or industry and includes all its departments and branches in the Islamabad Capital Territory or falling in more than one province, whether situated in the same place or in different places and except in section 62 includes a collective bargaining unit, if any, constituted by any establishment or group of establishments; (xi)

(xii) "Government" means the Federal Government; (xiii)

(xiv)

(xv)

(xvi)

(xvii) "industry" includes any business, trade, calling, employment or occupation for production of goods or provisions of services in the Islamabad Capital Territory and falling in more than province, and excluding those set up exclusively for charitable purposes; (xviii) "industry-wise trade union" means a trade union having its membership in more than one province in a group of establishments owned by one employer; (xix)

(xx)

(xxi)

(xxii)

(xxiii)

(xxiv)

(xxv)

(xxvi)

(xxvii)

(xxviii)

(xxix)

(xxx)

(xxxi) "trade union" means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or workmen and workmen or employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes a federation of two or more trade unions; (xxxii) "trans -provincial" means any establishment, group of establishments, industry, having its branches in more than one province;

9. In the backdrop of above legal provision, the Registration of Pakistan Canal Labour Union Balochistan is relevant, which is reproduced herein-below: "Form 'C' NIRC (P&F) Regulation, 1973 REGISTRATION CERTIFICATE It is hereby certified that "Pakistan Canal Labour Union Balochistan " has been registered, under the Industrial Relations Act, 2012, on this day of 01st October, 2015 in the establishment of Irrigation/Canal Department Balochistan. (Baqir Ali Rana) Registrar Trade Unions"

10. On the basis of above Registration Certificate, the Registrar Trade Union NIRC also issued CBA Certificate to the Pakistan Canal Labour Union Balochistan, which is reproduced herein-below: "Form 'T' See Regulation 16 (21) CBA CERTIFICATE Certified that the "Pakistan Canal Labour Union Balochistan" has been determined as Collective Bargaining Agent (CBA), for the workmen employed in the establishment of irrigation/Canal Department Balochistan under Section 19(1) of the IRA, 2012. (Baqir Ali Rana) Registrar Trade Unions"

11. There is no cavil to the proposition that previously the Trade Unions in Irrigation Department GoB were existing which subsequently were deregistered in compliance of the ibid judgment passed by this Court; the preamble of IRA, 2012 has provided the scope of IRA, 2012, which was enacted to rationalize the law relating to formation of Trade Unions, federation of Trade Unions and determining the collective bargaining agents relating to establishments located in Islamabad Capital Territory and in trans-provincial and industry. The definition of "industry-wise trade union" means a Trade Union having its membership in more than one Province in a group of establishments owned by one employer. So, considering this definition, the workers of Irrigation Departments GoB do not qualify the definition of either "trans-provincial establishment" or "industry-wise trade union".

12. The IRA, 2012 mentions "trans provincial" as any establishment, group of establishments, industry, having its branches in more than one Province; therefore, the employees of Irrigation Department GoB or its Canal Division cannot be termed as "workers of trans-provincial establishment" or "industry-wise trade union". Apart from that the "employer" of Pakistan Canal Labour Union Balochistan" is Government of Balochistan and the Federal Government has no nexus with the administration of Irrigation Department GoB, therefore, the Registrar Trade Union NIRC had no jurisdiction or authority to register the Pakistan Canal Labour Union Balochistan under the IRA, 2012. Reliance in this regard is being placed upon the case titled as Pakistan Workers Federation, Balochistan v. Government of Pakistan through Federal Secretary, Ministry of Law and Justice, Islamabad. For the foregoing reasons, the above-captioned constitution petitions are allowed. The Registrar Trade Union NIRC is directed to immediately cancel the registration of Pakistan Canal Labour Union Balochistan. SA/101/Bal. Petitions allowed.