1993 PLC 803
These five petitions for leave to appeal were filed against the judgment of a Division Bench of the High Court, which had dismissed the petitioners' challenge to the registration of a trade union. The petitioners, twelve independent contractors employed by a gas company to provide security services, contested the registration of a single trade union representing the security workers across all twelve independent contracting establishments. The core legal question raised was whether a trade union can be validly established and registered for workers employed across different establishments owned or run by several independent employers. The Supreme Court of Pakistan granted leave to appeal to consider this question of general public importance, noting the identical facts and legal issues across all five petitions.
- Whether a trade union can be established of workers employed at different establishments owned or run by several independent employers?
ORDER
SALEEM AKHTAR, J .‑‑‑This order will dispose of all the five petitions in which facts and questions of law are identical.
2. The petitioners seek leave to appeal against the judgment of the learned Judges of the Division Bench of the High Court whereby their petitions challenging the order passed by respondent No. 2 canceling the registration certificate granted in favour of respondent No. 1 were dismissed. The petitioners claim to be independent contractors employed by M/s. Mari Gas Co. Ltd. to undertake security arrangements of the various wells of the gas company. There are twelve such contractors including the petitioners and they claim that each one of them is independent of the other. Respondent No. 1 in each of these petitions is the registered trade union by the name of Mary Gas Co. Ltd. Contractors Mazdoor Union comprising of all the employees of the twelve contractors, allegedly employed as Chowkidars at the gas company. Respondent No. 2 granted registration certificate to respondent No.l on 2‑9‑1987. The petitioners applied for cancellation of the certificate, but their application was dismissed. Their main contention was that a trade union can be established of workers employed at different establishments owned or run', by the same employer. The question raised is of general importance and we grant leave to consider the following question:‑‑
Whether a trade union can be established of workers employed at different establishments owned or run by several independent employers?
A.A/A‑1017/S Leave granted,