1985 PLP 668 (PLC)

The facts leading to this case are that in pursuance of the Industrial Relations (Amendment) Ordinance, 1984 the General Secretary, Sui Gas Employees Union, Karachi, was directed by this Commission to remove from membership of his Union, the names of all such employees of the Sui Gas Company Limited who come under the purview of the said Ordinance, being members of the Security or Fire Staff of the aforesaid establishment. The General‑Secretary of the Union in reply to the above- said notice vide his letter dated 19th September, 1984 intimated that the Managing Director Sui Gas Transmission Company had also asked the Union to remove such staff from the membership of the Union. The General Secretary also pointed out in his letter that they had taken a stand before the management that Chowkidars do not come under the purview of this amendment and as such, the Union has not removed one Mr. Dilawar Khan Chowkidar from the office of the Vice‑President of the Union. The management in their letter dated 26th July, 1984 addressed to the Union insisted that Chowkidars fall within the purview of the said amendment and advised the Union to remove the said Chowkidar from its membership or in case of doubt the Union may seek a clarifica tion from Government, In the circumstances the Union vide their letter dated 19th September, 1984, requested that the company may be directed by the Commission to refrain from circumventing the law by interpreting the provisions of the Ordinance No. XVI to the disadvantage of the Union.

2. Comments from the Sui Gas Employees Union and Sui Gas Trans mission Company Limited Karachi were called. Before dismissing the contentions of the parties it would be of use to reproduce the amendment which is under dispute. The following new clauses were added in section 1 (3) of the Industrial Relations Ordinance, 1969: "(g) as a member of the Watch and Ward, Security or Fire Service Staff of an Oil Refinery ; or (h) as a member of the Security or Fire Service Staff of an establish ment engaged in the production, transmission or distribution of natural gas or liquified petroleum gas." The contention of the Company is that Chowkidars and Darbans are included in the Security Staff while it is contended by the Union that the Chowkidars and Darbans fall into the category, "Watch and Ward" and not "Security". It is contended by the Union that a close examination of the Amending Ordinance itself would reveal that the legislation classi fied watch and ward and security staff into two separate categories. Referring to clause (g) quoted above it has been further contended that both these categories namely "Watch and Ward" and "Security Staff" have been included in the case of Oil Refinery while the category of workers falling under Watch and Ward have been eliminated from clause (h). It was argued on behalf of the Union that had it been the intention of the legislation to include "Watch and Ward" in the security staff there was no need to specifically mention the words "Watch and Ward" in clause (g) of the Amending Ordinance. I am included to agree with the interpretation given by the Union, I, therefore, bold that Chowkidars (Darbans) employed in the Sui Gas Transmission Company are not excluded from the scope of the Industrial Relations Ordinance, 1969.