1995 PLP 682 (PLC(CS))

This appeal by Public Health Engineering Employees Union is directed against the order of Sindh Labour Court No.VII, Sukkur (Camp at Hyderabad) dated 6‑6‑1994 whereby the grievance application under section 34 of I.R.O., 1969, against the Registrar and the Public Health Department for deleting the names of 547 members, including the Appellant Union as Workers by the Registrar were held to be in accordance with law and the application of the Union was dismissed.

2. The facts, in brief, are as under:‑ .

3. The employees of Public Health Engineering Department Hyderabad formed their union and got it registered by the Registrar of Trade Unions Hyderabad Region, Hyderabad. The Public Health Department applied to the Labour Court against the registration of its employees; who were civil servants. The Labour Court passed an order suspending the working of the Union. The Union filed an appeal before the Appellate Tribunal against these above orders of the Labour Court. By consent order the Registrar was directed to conduct an enquiry and delete the names of those employees members of the Union who were found to come under the definition of civil servant of the Civil Servants Act, 1973. The Registrar called for the appointment orders of the Members of the Union, heard the parties and then deleted the names of 547 employees as members of the said Union. This order of the Registrar was challenged by the Union before the Sindh Labour Court. The said Court found that the act of the Registrar was strictly according to law. He accordingly dismissed the application of the Union. Against this dismissal the Union has filed this appeal.

4. It is admitted by all the, parties that Civil Servant falling within the definition given in the Civil Servants Act, 1973 cannot form a Union. Clause (b) of subsection (2) of section (1) of the Industrial Relations Ordinance, 1969 provides `that the Ordinance shall not apply to civil servants'. Under section 2(b) of Civil Servants Act, 1973 `civil servant' is to mean a person who is Member of an All Pakistan Service or of a Civil Service of a Federation, or who holds a civil post in connection with the affairs of a Federation, but does not include a person who is a worker or workman as defined in the Factories Act, 1934. Under section 2(h) of the Factories Act, 1934: "`Worker' means a person employed in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work whatsoever, incidental to or connected with the subject of the manufacturing process but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on." "Manufacturing Process." is defined under section 2(g) of the Factories Act as: "any process for making, altering, repairing, packing of any article for transport, delivery or disposal or for pumping oil, water or sewerage or generating or transmitting power:' Thus, the person employed in the work of pumping water or sewerage will not come within the scope within the scope of civil servant under the Civil Servants Act, 1973.

5. The Registrar of Trade Unions, on getting directions by consent order of the Tribunal held his proceedings and deleted the names of 547 workers under the Public Health Engineering Department, Hyderabad by scrutinizing the work of each person by name and after hearing him.

6. It is argued by Rana Mehmood Ali, Representative of the Union, that the Registrar should have deleted the names by designation excluding a particular class of workers but he has excluded even the General Secretary of the Union. However, if the General Secretary falls under the definition of `civil servant' he has to be excluded by name. .

7. I find no substance in this appeal which is, accordingly, dismissed and the order of Sindh Labour Court No.VII, Sukkur (Camp at Hyderabad) is maintained. H.B.T./2449/Lb.S Appeal dismissed.