JAFFAR HUSSAIN and others vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
The petitioners, employees of Milk Pak Limited, challenged a decision by the Labour Court, upheld by the Labour Appellate Tribunal and the High Court, which declared their election as representatives of the 'Employees' Union Milk Pak Ltd.' invalid. The employer had filed an application under Section 34 of the Industrial Relations Ordinance, 1969, arguing that the petitioners were supervisors rather than workmen and thus ineligible for union representation. The petitioners contended that the lower courts misapplied the definition of 'worker' and 'workman' provided in Section 2(28) of the Industrial Relations Ordinance, 1969, and failed to properly consider the evidence regarding their status. Furthermore, the petitioners challenged the maintainability of the employer's application under Section 34 of the Industrial Relations Ordinance, 1969. The Supreme Court granted leave to appeal to consider whether the petitioners were correctly classified as workmen under the law and whether the application filed by the employer before the Labour Court was legally maintainable under the specific circumstances of the case.
- Does an application under Section 34 of the Industrial Relations Ordinance 1969 lie against the election of union representatives?
- What criteria determine whether an employee is a 'workman' under Section 2(28) of the Industrial Relations Ordinance 1969?
- Can an employer challenge the status of union representatives as workmen before a Labour Court?
- Section 34, Industrial Relations Ordinance 1969
- Section 2(28), Industrial Relations Ordinance 1969
ORDER
' ABDUL HAFEEZ MEMON, J.---The petitioners' employees of respondent No, 5, Milk Pak Limited, were elected as representatives of workers of "Employees' Union Milk Pak Ltd." approved by respondent No,3, Registrar of Trade Unions, Lahore.
2. Respondent No, 5, the employer, filed an application under section 34 of the Industrial Relations Ordinance, 1969, before the Labour Court for declaring the approval by respondent No, 3 as invalid, on the ground that the petitioners were not workmen but were supervisors and, as such, could not be elected as representatives of the workmen of the said Union.
3. The learned Presiding Officer of the Labour Court granted the application by his order dated 14- 2-1995, which was maintained by the Labour Appellate Tribunal, and the writ petition filed by the petitioners against the decision of the Labour Appellate Tribunal was also dismissed in limine.
4. Learned counsel for the petitioners contended that in view of the definition of the worker and workman under section 2(28) of I.R.O., 1969, the learned Courts below were in error in holding that the petitioners were not workman, and that the evidence brought on record in this connection showing the petitioners to be workman, was not duly considered by the Courts below. Learned counsel further contended that the said application filed by respondent No, 5 before the Labour Court, under section 34 of I.R.O., 1969, was not maintainable in law and the Courts below erred in holding that the same was maintainable in the said circumstances, which were contrary to the record.
5. The contentions raised by the learned counsel require consideration. Accordingly, we grant leave to consider the above contentions.