1976 PLP 119 (PLC)

Held: No doubt a teaching institution can be regarded as an under taking for the purpose of imparting education or an industrial unit carrying on the said undertaking in the nature of an industry. An industry in its term has been defined under section 2(xiv) of the Industrial Relations Ordinance, 1969 inter alia, as any service, employment or occupation. Apparently when the word "service" or "employment" stands unqualified in the definition of industry, any employment or service in any teaching institu tion cannot be excluded from the definition. Taking the term "service" in its plain meaning on that score the findings of the Registrar, Trade Unions, would seem to fall short of the intention of law. by refusing the registration of the appellant association but the matter of registration of a Trade Union hardly rests with the plain definition of the term establishment/industry as given in the Ordinance. The provisions of section 8 of the Ordinance require the Registrar of Trade Unions to register any Trade Union only when it has complied with all the requirements of law and have not restricted him to take any such action on simply being satisfied that the applying Trade Union or association is comprised of the workers of an "establishment" or "industry". This is not the only requirement that the workers applying for the registration of their Trade Union must belong to au establishment or industry. 1n addition to this they have also to make out a case that they are governed by the provisions of the Ordinance for the purpose of association or Union within the establishment or service. Subsection (3) of section 1 of the Ordin ance clearly excludes all persons employed in the administration of State other than those employed as workmen by the Railways, Post and Telegraph, and Telephone department from the application of the Ordinance in addition to certain services specifically mentioned therein. This being the position, the definition of establishment or that of industry alone cannot advance the case of the appellant association. Because it is nowhere mentioned in the Ordinance that employees of an establishment or industry can claim an inherent right to have their Union or association registered notwithstanding any other condition laid down in any other provision of the Ordinance. The right of forming Trade Union not being an unqualified right in face of the provision of section 1(3) of the Ordinance, the employees of an industry seeking the registration of their Union must basically be governed by the Ordinance itself. Munawar Naqvi with Hameed Nawaz for Appellant. Ali Ahmad Mahmood for Respondent. An appeal has been filed under section 8 of the I. R. O., 1969 (hereinafter mentioned as Ordinance) by the Assistant Secretary of the Bahawalpur Teachers Association, Bahawalpur, against the refusal of the registration of the said association by the Registrar of Trade Unions, Multan. The registration was refused on the ground that the Educational Institutions do not fall within the scope of an establishment or industry as defined by section 2(x) and (xiv) of the Ordinance. It is contended on behalf of the appellant that a teaching institution falls within the definition of an establishment/industry and employees of such institution cannot be deprived of the fundamental right of association. A copy of the judgment passed on the point by the learned Punjab Labour Court (Northern Zone) Lahore dated 12th May 1973 has also been submitted in support of the contention. I would reproduce the relevant definitions as below:

"Section 2(ix). "Establishment" means any office, firm, industrial unit, undertaking, shops or premises in which workmen are employed for the purpose of carrying on any (industry)." "Section 2(xiv). "Industry" means any business, trade, manufacture, calling, service, employment or occupation. No doubt a teaching institution can be regarded as an undertaking for the purpose of imparting education or an industrial unit carrying on the said undertaking in the nature of an industry. An industry in its term has been defined inter alia, as any service, employment or occupation. Apparently when the word "service" or "employment" stands unqualified in the definition of industry, any employment or service in any teaching institution cannot be excluded from the definition. Taking the term "service" in its plain -meaning on that score the findings of the Registrar, Trade Unions, would seem to fall short of the intention of law, by refusing the registration of the appellant association but the matter of registration of a Trade Union hardly rests with the plain definition of the term establishment/industry as given in the Ordinance. The provisions of section 8 of the Ordinance require the Registrar of Trade Unions to register any Trade Union only when it has complied with all the requirements of law and have not restricted him to take any such action on simply being satisfied that the applying Trade Union or association is comprised of the workers of an "establishment" or "industry" This is not the only requirement that the workers applying for the registration of their Trade Union must belong to an establishment or industry. In addition to this they have also to make out a case that they are governed by the provi sions of the Ordinance for the purpose of association or Union within the establishment or service. Subsection (3) section 1 of the Ordinance clearly excludes all persons employed in the administration of State other than those employed as workmen by the Railways, Post and Telegraph, and Telephone department from the application of the Ordinance in addition to certain services specifically mentioned therein. This being the position, the definition of establishment or that of industry alone cannot advance the case of the appellant association. Because it is nowhere mentioned in the Ordinance that employees of an establishment or industry can claim an inherent right to have their Union or association registered notwithstanding any other condition laid down in any other provision of the Ordinance. The right of forming Trade Union not being an unqualified right in face of the provision of section 1(3) of the Ordinance, the employee3 of an industry; seeking the registration of their Union must basically be governed by the Ordinance itself. The unreported judgments of the Labour Court (Northern Zone) Lahore, dated 12th May 1974 in Appeal No. 4/73 under section 8(3) of the Ordinance held Fatima Jinnah Medical College Employees Union registerable under section 8(3) on the plain definition of establishment/industry and did not touch the question of the applicability of the Ordinance itself to the appellant-Union before it under section 1(3) of the Ordinance. I therefore cannot adopt the ruling given in the judgment in view of the reasons given above. Accordingly the appellant association not falling within the scope of section 1(3) of the Ordinance the impugned order is upheld and the appeal dismissed.