1. MUHAMMAD NAWAZ ABBASL, C.J.--- This direct petition under Article 27 of repealed Northern Areas Governance Order, 1994 and now Under Article 61 of Gilgit Baltistan (Empowerment and Self Governance) Order 2009 has been filed by All Gilgit Baltistan Workers Trade Union, Federation through its General Secretary against the Federation of Pakistan through Secretary KA&NA (KA&GD)
2. Division and others seeking the direction as under:--- "Respondents may very kindly be directed for immediate extension of Industrial Relations Act, 2008 and other labour related laws including Workers Welfare Fund Ordinance, 1971, Workmen's Compensation Act, 1923, Payment of Wages Act, 1936, Factories Act, 1934, Mines Act, 1934, Provincial Employees Social Security Ordinance, Employees Old Age Benefits Act, 1976, West Pakistan Shops and Establishment Workers Welfare Ordinance, 1971, Companies Profit (Workers Participation) Act, Employees Cost of Living (Relief) Act, Road Transport Workers Ordinance, 1961, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, Minimum Wages for Unskilled Workers Ordinance, 1969, Workers Welfare Fund Ordinance, 1971 and the Finance Act, 2008 in the Northern Areas."
3. ' Keeping in view the importance of the matter relating to the enforcement of Fundamental Right of formation of trade/labour unions for protection of legal rights of workers in representative capacity in Gilgit Baltistan (Northern Areas), we have requested Mr. Abid Hussain Minto, Senior Advocate Supreme Court of Pakistan, Mr. Muhammad Issa, Senior Advocate and President Supreme Appellate Court Bar Association Gilgit and Mr. Manzoor Ahmed, President Chief Court Bar Association for assistance of the Court as Amicus Curiae. The Advocate-General, Gilgit Baltistan (Northern Areas) has represented the Chief Secretary, Gilgit Baltistan whereas the Deputy Attorney-General for Pakistan has filed written arguments/comments on behalf of Attorney General for Pakistan. The judgment was reserved for the comments of the KA&NA (KA&GB) Division, Government of Pakistan which have not been filed. The learned Amicus Curiae, the learned counsel for the petitioner and the learned Advocate-General have rendered very valuable assistance to the Court.
4. ' Having heard the learned counsel and learned amicus curiae at length and given due consideration to the question of law and facts raised in this petition we have examined the matter in depth and have drawn the conclusion as under:--- The trade or a labour union cannot effectively function as a representative body in the industrial disputes between the workers and employers for protection of the rights of workers merely on the basis of provisions of Article 17(1) of the Constitution of Pakistan read with Article 19-A of Northern Areas Governance Order, 1994 substituted by Article 9 of Gilgit Baltistan (Empowerment and Self Governance) Order, 2009, without statutory recognition and thus the law on the industrial relations for effective enforcement of fundamental right of formation of union in Gilgit Baltistan and for regulating the industrial relations is to be provided with the application of related labour laws as mentioned in the petition.
5. ' Consequently for the reason to be given in detail judgment, we with the above declaration allow this petition and direct as under:--- ' Subject to all- just exceptions, until a permanent law regulating the industrial relations for protection of labour rights with reasonable restrictions is made' for Gilgit Baltistan, the Industrial Relations Act, 2008 a temporary legislation with related labour laws as prayed in the petition will be enforced in Gilgit Baltistan (Northern Areas) which would deem to have been extended to Gilgit Baltistan (Northern Areas). The KA&GB (KA&NA) Division in the Federal Government will accordingly issue the formal notification for enforcement of these laws.