1979PLC 112 (PLP)

Pakistan Central Cotton Committee, Karachi v. The Presiding Officer, Labour Court No. III, Lyallpur and another Writ Petition No. 74 of 1976 eel. Ali Amjad for Appellant. Date of hearing : 2nd July 1977. This is an appeal under section 11 of Industrial Relations Ordinance against the order of the Labour Court directing the Registrar of Trade Unions to cancel the registration of the appellant Union.

2. There is a Rice Research institute situated at Dokri in the District of Larkana. The employees of the institute formed a Union and got it register ed. When they raised an industrial dispute in respect of certain demands the respondent institute applied to the Registrar for the cancellation of the registration of the Union on the ground that the employees of the institution were governed by the Civil Service Rules and it was not an industry as contemplated by industrial Relations Ordinance. The Labour Court upheld the objection and ordered the Registrar to cancel the registration, Aggrieved by this, the present appeal had been filed.

3. I have heard the learned counsel for the appellant and I see no reason to interfere with the order passed by the Labour Court. The institution was constituted by the Government for the purpose of research in order to improve the quality and quantity of rice and render advice to the growers. Apparently, the employees of the institution were Government employees and they were governed by the Civil Service Rules and they could not approach the Labour Court by raising any dispute with regard to their demands. Their terms and conditions are regulated by the Civil Service Rules and their pay scales and other benefits are also prescribed by the Government. Apart from this, the institution is not an industry. The learned counsel for the appellant failed to convince me to bold to the contrary. A similar point had arisen before the Lahore High Court in a Writ Petition No. 74 of 1976 in the case of Pakistan Central Cotton Committee, Karachi v. The Presiding Officer, Labour Court No. III, Lyallpur and another. This decision has not so far been reported, but I have been supplied with the copy of the Judgment. This is a detailed judgment and the various aspects of the case pressed before the High Court were fully dealt with and it was concluded that the institution was not an industry and Industrial Relations Order was not applicable. While dealing with the various authorities, final observation which was made, is material and it reads as under :‑ "The function of the Pakistan Central Cotton Committee, petitioner is to undertake agricultural and technological research. This is akin to a function carried on by an Educational Institute. The Government of Pakistan is to be advised by the Pakistan Central Cotton Committee (petitioner) so that cotton growing is conducted in a manner which is beneficial to the country. Unless there is a direct nexus between the mills and the Pakistan Central Cotton Committee, its employees cannot be treated as "workmen". In the present situation, the mills are not advised directly and, therefore, there is no nexus between the two. In fact there is a comprehensive programme going on in the Research Institute in which people from outside countries, especially R. C. D. Countries, participate and are taking training. In short, respondent No 2 is a Research Institution. It is a non-profit‑making organisation and the work done by it cannot be assimilated with what may be described as an industrial process. The enterprise, if looked as a whole, does not indicate that it can be considered as "industry". In this view of the matter the certification accorded to respondent No. 2 as C. B. A. by the Registrar of Trade Unions is also of no avail." This case was decided by the Division Bench. With all respects to the learned Judges I fully agree with the view expressed therein.

4. In result the appeal is summarily dismissed.