MUHAMMAD AKRAM BUNDA And 3 Other vs PAKISTANIEELEVISION
The petitioners, employees of Pakistan Television, filed a petition directly in the Supreme Court under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, seeking the enforcement of their Fundamental Right under Article 17(1) to form trade unions, alleging that the Industrial Relations (Amendment) Ordinance, 1978 and the consequent cancellation of the registration of the Pakistan Television Corporation Employees Union violated this right. The core legal question involved the constitutional validity of the 1978 Ordinance taking away trade union activities for Pakistan Television employees. The Supreme Court noted that a similar question of law had been raised in another pending matter and that leave to appeal had been granted in a connected petition. Consequently, the Court admitted the present petition for regular hearing to be fixed along with the appeal arising from the connected petition.
- Whether the provisions of the Industrial Relations (Amendment) Ordinance, 1978 taking away the right of Pakistan Television Corporation employees to form a trade union are repugnant to Article 17(1) of the Constitution of the Islamic Republic of Pakistan, 1973?
- Whether the cancellation of the registration of the Pakistan Television Corporation Employees Union pursuant to the Industrial Relations (Amendment) Ordinance, 1978 violates the fundamental right to form a union guaranteed by Article 17(1) of the Constitution?
- Article 184(3), Constitution of the Islamic Republic of Pakistan 1973
- Article 17(1), Constitution of the Islamic Republic of Pakistan 1973
- Industrial Relations (Amendment) Ordinance 1978
ORDER
AJMAL MIAN, J.---The petitioners, who are working in Pakistan Television, have filed the present petition directly in this Court under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, for the enforcement of the Fundamental Right as enunciated in Article 17(1) of the Constitution as according to them banning of trade union activities is violative of the above Article 17(1).
2. The petitioners have raised following two questions:-- "(a)Whether the provisions of the Industrial Relations (Amendment) Ordinance, 1978 (Ordinance No. XV of 1978) taking away the fundamental !Right of the petitioners and other employees of the Pakistan Television Corporation to form a trade union for pursuing their trade union activities under the I.R.O. Are not repugnant to Article 17(1) of the Constitution of the Islamic Republic of Pakistan, 1973?
(b)Whether the cancellation of the Registration of the Pakistan Television Corporation Employees Union in pursuance of the provision of the Industrial Relations (Amendment) Ordinance, 1978 is not violative of the Fundamental Right to form a Union guaranteed by Article 17(1) of the Constitution?"
3The above petition came up for hearing, inter alia, on 19-1-1994 when the Bench comprising the learned then Chief Justice and two companion Judges passed following order:-- "Somewhat similar question of law, as in this petition have been raised in C.P. 593-L/93. Fix this petition along with C.P. 593-L/93 at Lahore. Date in office."
4. Since we have granted leave in C.P. 563-L/93 today, we also admit the above petition for regular hearing. The same may be fixed along with appeal arising from above CPLA.