BALOCHISTAN IRRIGATION EMPLOYEES REGISTERED vs GOVERNMENT OF BALOCHISTAN S

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BALOCHISTAN IRRIGATION EMPLOYEES REGISTERED VS GOVERNMENT OF BALOCHISTAN S.19(1)---Constitution of Pakistan, Art.199---Constitutional petition---Trade Union of Employees of Irrigation Department---Registration---Collective Bargaining Agents relating to establishments located in Islamabad Capital Territory---Trans-provincial and industry-wise trade unions---Determination---Jurisdiction of NIRC to register trade union of workers of Provincial Department of Government of Balochistan (GoB)---Scope---Petitioner challenged the registration certificate and Collective Bargaining Agent (CBA) Certificate of the trade union of workers of Irrigation Department---Contention of the petitioner was that Government Departments of GoB were taking steps for cancellation of registration of trade unions existing in different Government Departments in compliance with a judgment of High Court, thus, Registrar, NIRC, had committed illegality not only by registering the said union, but also by issuing CBA Certificate to the said union---Validity---Previously existing Trade Unions in Irrigation Department, GoB were subsequently unregistered in compliance with a judgment of High Court---Preamble of Industrial Relations Act, 2012, (IRA, 2012) provided the scope of IRA, 2012, which was enacted to rationalize the law relating to formation of Trade Unions, federation of Trade Unions and determining the Collective Bargaining Agents relating to establishments located in Islamabad Capital Territory and in trans-provincial industry---Definition of "industry-wise trade union" means a Trade Union having its membership in more than one Province in a group of establishments owned by one employer, thus, considering the definition, the workers of Irrigation Departments, GoB, did not qualify the definition of either "trans-provincial establishment" or "industry-wise trade union"---Industrial Relations Act, 2012, mentions "trans provincial" as any establishment, group of establishments, industry having its branches in more than one Province, therefore, the employees of Irrigation Department, GoB, or its Canal Division could not be termed as "workers of trans-provincial establishment" or "industry-wise trade union"---Apart from this the "employer of Pakistan Canal Labour Union Balochistan" was GoB and the Federal Government had no nexus with the administration of Irrigation Department, GoB, thus, the Registrar Trade Unions, NIRC had no jurisdiction or authority to register the Pakistan Canal Labour Union Balochistan under the IRA, 2012---Constitutional petitions were allowed, in circumstances.

BALOCHISTAN IRRIGATION EMPLOYEES REGISTERED vs GOVERNMENT OF BALOCHISTAN S — 2025 PLC 42 QUETTA-HIGH-COURT-BALOCHISTAN

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