JAFFAR HUSSAIN and others vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
This matter concerns a petition for leave to appeal against the dismissal of a writ petition by the High Court, which had upheld the decisions of the Labour Court and the Labour Appellate Tribunal. The core legal dispute arose when the employer, Milk Pak Limited, challenged the status of the petitioners as workmen under the Industrial Relations Ordinance, 1969, seeking to invalidate their election as representatives of the Employees Union. The Labour Court and the Appellate Tribunal ruled that the petitioners were supervisors rather than workmen, thereby disqualifying them from 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 evaluate the evidence regarding their employment status. Furthermore, the petitioners challenged the maintainability of the employer's application filed under Section 34 of the Industrial Relations Ordinance, 1969. The Supreme Court found these contentions substantial and granted leave to appeal to determine whether the lower courts erred in their findings on the petitioners' status and the maintainability of the employer's application.
- Whether an application filed by an employer under Section 34 of the Industrial Relations Ordinance, 1969, challenging the status of elected union representatives is maintainable?
- Does the definition of 'workman' under Section 2(28) of the Industrial Relations Ordinance, 1969, exclude employees designated as supervisors from acting as union representatives?
- Did the lower courts err in their assessment of evidence regarding the employment status of the petitioners?
- 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 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 a 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 is 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 no workmen, and that the evidence brought on record in this connection showing the petitioners to be workman, was not duly considered by the Court below. Learned counsel further contended that the said application file 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 is 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.