1. ' MRS, QAISAR IQBAL, J.--- The petitioner has resorted to file petition under Article 199 of the Constitution of Islamic Republic of Pakistan seeking following relief:-- "It is therefore, most respectfully prayed on behalf of Sui Southern Gas Company Ltd. That this Honourable Court may be most graciously pleased to direct the respondents Nos.1 and 2 to set aside the order passed by the respondent No,1, quash the registration of the trade union and to grant such further relief to the petitioner as may be deemed just and proper in the circumstances of the petition."
2. ' Succinctly the facts leading to the case are that the Sui Southern Gas Company Ltd. Is a company incorporated under the Companies Ordinance, 1984 and has offices and branches in the Sindh, Balochistan and Islamabad. In July, 2003 the petitioner received a letter from respondent No,2 informing that an application for registration of trade union under the name and style of Sui Southern Gas Company Ltd. Units ABC Sindh (Contract) Workers Mazdoor Union has been received and the petitioner was required to send list of its contract workers. The petitioner informed the respondent No,2 that they did not employ worker through an outside contractor. The respondent No,2 also requested to provide the names of the contractors in respect of whose establishments the application for registration has been made. The petitioner received a letter from respondent No,2 along with a copy of application for registration which indicated that as many as 11 contractors workers, stated to have been involved the process of formation of trade union. After receiving this particular information the petitioner wrote a letter which is reproduced herein below:- --
(i) The definition of establishment given in I.R.O., 2002 includes all the branches and departments wherever located. The petitioner-Company has branches and departments in the Province of Sindh and Balochistan and even has an office in Islamabad. Therefore, since union cannot be registered for a part of an establishment, no trade union can be registered in the petitioner establishment by a Provincial Registrar of Trade Union.
(ii) There are already four trade unions registered in the petitioner establishment namely:--
(a) Sui Southern Gas Workers Union
(b) Peoples Unity of Sui Southern Gas
(c) Sui Southern Gas Employees Union
(d) Sui Southern Gas Labour Union ' No fifth union can be registered unless the requirements prescribed section 6(2)(b) of the Industrial Relations Ordinance, 2002 are complied with.
(iii) All the contractors are independent legal entities. Their employees are employed by them separately and under their own separate control. No joint union can be registered in respect of all or some of the contractors. This is much more so in view of the definition of group of establishment provided in the Industrial Relations Ordinance, 2002.
3. ' In response to letter referred above, a letter was received whereby Deputy General Manager, Industrial Relations of the petitioner was advised to appear before Registrar Trade Union for necessary clarification. In consequence of this letter Deputy General Manager, Industrial Relations appeared before respondents Nos.1 and 2 explained the position and respondents Nos.1 and 2 after hearing the point of view, of the petitioner, stated that they were helpless being under tremendous political pressure, thereafter letter, dated September 16, 2003 was received along with a copy of registration certificate by the petitioner, hence this constitution petition.
4. ' Learned counsel for petitioner has contended that issue involved is limited to the extent that the workers of several establishment cannot form a registered trade union, unless all the establishment are owned by the same employer. The definition of trade union as given in clause
(xxvi) of section 2 of the Industrial Relations Ordinance, 1969 reads as follows:--- "Trade Union" means any combination of workmen or employers framed primarily for the purpose of regulating the relations between workmen and employers or workmen and workmen or employers and employers or for imposing restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade unions."
5. ' Similar definition has been taken into care in Ordinance, 2002. It is next urged that from the above definition it is spelled out that the trade union representing the employees of more than one establishment, cannot form a trade union. In case of Messrs Agha & Company v. Mari Gas Co. Ltd.
6. Contractors Mazdoor Union and another 1994 PLC 85, the registration of the trade union was challenged in constitutional petition representing the workers of group of establishment could be registered even if establishments, in group were owned by different employees, in view of the fact that the expression "group of establishments" used in the Ordinance was of wide connotation and included independent establishments. Dealing the issue at page 89 of the report the following observations have been made which are reproduced in extenso for the sake of convenience:- "There is nothing in the above definition to show that a trade union representing the employees of more than one establishment cannot be formed. Then, under section 3 of the I.R.O. The workers, without any restriction as to number of establishments, are entitled to establish and join trade union of their choosing. Thereafter, come sections 6 and 7 of the I.R.O. Relating to application for registration and registration of trade unions and these section clearly contemplate registration of a trade union representing the workers of group of establishment'. A reference in this regard may be made to clause (iv-a) and (iv-b) of subsection (2) of that section. With regard to these provisions the contention of the petitioner's counsel was that the reference to the 'group of establishments' therein related to such group of establishments as were owned by the same employer and does not include several separate and independent establishments. We find no reason to give such limited scope to the term. It appears to us that the expression 'group of establishments' used in these sections is of wide connotation and includes independent establishments. The only restriction seems to be that mentioned in clauses (a) and (b) of subsection (2) of section 7 namely, the members of the union should be workers employed in the industry with which the union is connected and at least one-fifth of the workers employed in the group of establishments are its members. A look at section 22 of the I.R.O. Would also show that the law contemplates a union representing workers of establishments of more than one employer. Accordingly, we find ourselves unable to agree with the contention of Mr. Shabbir Ahmed Awan that a trade union representing the workers of group of establishments can be registered only if the establishments in the group are owned by or belong to the same employer."
7. There are number of trade unions of contractors registered in the petitioner establishment without Lomplying the requirement of sections 6 and 7 of the Industrial Relations Ordinance, 2002. The group of establishment connotes and means such group of establishment as were owned by the same employer and does not include several separate and individual establishments. The group of establishment includes the workers of an industry with which the union is connected. It does not include workers of establishment of more than one employer.
8. Accordingly, I am of the view that the order passed by the respondent No,1 for registration of the trade union is not sustainable in law and therefore, quashed the registration of the trade union.
9. Consequently, constitutional petition stands allowed in above terms.