2023 PLC 177 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC 177 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Subject matter: Constitutional
Provisions referred to: S. 9---R; S. 9; Punjab Industrial Relations Act (XIX of 2010); Punjab Industrial Relations Act; Validity---Industrial Relations Act; Industrial Relations Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

INDEPENDENT NEWSPAPERS CORPORATION (PVT.) LTD VS PROVINCE OF PUNJAB through Director General-Directorate General of Labour Welfare, Labour and Human Resource Department, Government of Punjab Ss. 2(x), 2(xxxii) & 54---Punjab Industrial Relations Act (XIX of 2010), S. 9---Registration of trade union---Trans-provincial establishment---Scope---Petitioner, claiming to be a trans-provincial establishment, challenged the registration of a trade union by the provincial Registrar of Trade Unions under the Punjab Industrial Relations Act, 2010---Validity---Industrial Relations Act, 2012, is applicable to all individuals employed in any establishment or industry in the Islamabad Capital Territory or engaged in business across multiple provinces---As the petitioner was a trans-provincial establishment, the Industrial Relations Act, 2012, was applicable---Section 54(b) of the Industrial Relations Act, 2012, specified that in the case of a trans-provincial establishment, the trade union should be registered by the National Industrial Relations Commission---However, contrary to this provision, the trade union was registered by the Registrar of Trade Unions invoking S. 9 of the Punjab Industrial Relations Act, 2010, which was limited to the province of Punjab and could not be extended to cover trans-provincial establishments---Consequently, the registration certificate of the trade union was declared to have been issued without lawful authority and coram non judice---Constitutional petition was allowed, in circumstances.

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