M UHAM M AD AAM IR NAW AZ RANA, J. The petitioners, who refer themselves as General Secretary and Senior Vice-President of Lasbela Industrial Estate Development Authority (`LIEDA') Employees Union Hub, have alleged that the elections of their Union had been held in the year 2022 and on the basis whereof, the list of office bearers was issued by the Registrar, Trade Unions Balochistan/respondent No.3 vide letter dated 03.10.2022 which was valid till 02.10.2024.
2. It is the case of the petitioners that they were agitating their demands to the Authority being the Collective Bargaining Agent CBA'), but instead of considering their demands, the Managing Director, Lasbela Industrial Estate Development Authority Hub/respondent No. 4 managed to get cancelled the registration of the petitioners' Union vide impugned order dated 24.07.2024 issued by the Registrar, Trade Unions Balochistan.
3. Learned counsel for the petitioners contended that the Registrar Trade Union Balochistan had misinterpreted the judgment passed by this Court in Constitution Petition No.669 of 2013. Per learned counsel, the employees of LIEDA Hub are entitled to form Association considering the parameters provided under Rule 30 of the Balochistan Government Servant (Conduct) Rules, 1979 ('the Rules, 1979').
4. Learned Additional Advocate General and learned counsel for respondent No.4, while contesting the petition, contended that being the employees of LIEDA, the petitioners have no right to form a Union, and that this issue has already been settled by this Court in Constitution Petitions Nos.669 of 2013 and 400 of 2015.
Arguments heard. Relevant record perused.
5. Factual background of this case can be traced in judgment dated 24.06.2019 passed by this Court in Constitution Petitions Nos.669 of 2013 and 400 of 2015, whereby the directions were issued to the Chief Secretary. Government of Balochistan and to the Secretaries of all the Government Departments to take all the possible steps to get cancelled the Registration of Trade Unions existing in different Government Departments, Semi-Government Departments and Autonomous Bodies being governed by the Rules, 1979.
For ready reference, the relevant portion of the ibid judgment is reproduced: "20. Before parting with the judgment it will be appropriate to direct that a copy of this judgment be sent to the Chief Secretary, Government of Balochistan, and also to the Secretaries of all the Government Departments with the directions to take all possible steps to get cancel the registration of the trade unions not only of the Public Health Engineering Labour Union and Public Health Engineering Workers Union, but also all the other trade unions formed by any group of employees in the government service unless satisfied the condition of Rule 30 of the Balochistan Government Servant (Conduct) Rules, 1979. It is also for the Registrar Trade Union Balochistan not only to remain conscious, but observe all legal formalities while entertaining any application filed for the purpose of registration of a trade union. The status of the persons who applied for the registration must be determined before entertaining an application filed under Section 4 of the Act, 2010. In addition it will be the Chief Secretary Government of Balochistan, the Principal Officer of the Provincial Government, to take all positive steps for cancellation of all such trade unions formed by the government servants without adopting, the legal course, without any further loss of time. The illegal practice on part of Government Servants have to be discontinued and in future might not be repeated. The steps taken be with intimation to this office for perusal in Chamber.
The petitions are disposed of with the above directions."
6. Record transpires that on the basis of above judgment, the Registrar Trade Union Balochistan, vide order dated 12.07.2019, cancelled the Registration of all the Trade Unions formed by the employees of Government Departments, Semi-Government Departments and Autonomous Bodies being governed by the Rules, 1979. For the facility of ready reference, the ibid order is reproduced: "Dated Quetta the 27th July, 2019
No.45/R&R/DGLW/QTA/1385-1433/. In compliance with the judgment of Honorable High Court Balochistan directives issued in C.P. No. 669/2013 and C.P. No. 400/2015 dated 24th June, 2019, the Registrati6n of all the Trade unions formed by the employees of Government Departments, Semi Government Departments and Autonomous Bodies being governed by Balochistan Government Servant (Conduct) Rules, 1979 are hereby cancelled with immediate effect.. (List of all cancelled unions attached).
Registrar Trade Unions Balochistan"
7. Record transpires that the petitioners' Union was not cancelled at the relevant time, rather subsequently when the Authority gained knowledge about the legal status of the petitioners' Union, then the Registrar Trade Unions Balochistan, vide impugned order dated 24.07.2024, cancelled the petitioners' Union. For the facility of reference, the impugned order is reproduced: "ORDER NO.45R&R/RTU/DGLW/QTA 134-36 1- In compliance to the judgment of the Honorable High Court of Balochistan in C.P. No. 669/2013 and C. P No. 400/2015 dated 24th June, 2019 the Registration of all the unions formed by the employees of Government department/semi-government departments and autonomous bodies being governed by Balochistan Government Servant (Conduct) Rules, 1979 were cancelled by the Registrar Trade Unions, Balochistan on 12th July, 2019 vide Order No. 45/R&R/DGLW/QTA/1385-1433.
Consequently the registration of the union name and style "LEIDA Employees Union, Hub" is hereby cancelled as the union was formed by the employees of government department.
REGISTRAR TRADE UNIONS BALOCHISTAN"
8. LIEDA was established through the Ordinance No.IX of 1984. Since it is an Autonomous Body, therefore, its employees, considering the dictum laid down in the ibid judgment passed by this Court, are not entitled to form any Union.
9. Learned counsel for the petitioners has referred Rule 30 of the Rules, 1979 and has submitted that the petitioners Union could not have been de-registered. We have gone through the ibid Rule and are of the view that it deals with the membership of service Associations with certain limitations.
For the facility of reference, Rule 30 of the Rules, 1979 is reproduced: "30. Membership of Service Associations:-- No Government servant shall be a member, representative or officer of any association representing or purporting to represent Government servants or any class of Government servants, unless such association satisfies the following conditions, namely:-
(a) Membership of the association and its office-bearers shall be confined to a distinct class of Government servants and shall be open to all Government servants of that class.
(b) The association shall not be in any way connected with or affiliated to any association which does not, or any federation of associations which do not, satisfy condition (a) above.
(c) The association shall not be in any way connected with any political party or organization, or engage in any political activity.
(d) The association shall not:-
(i) issue or maintain any periodical publication except in accordance with any general or special order of Government; and
(ii) except with the previous sanction of Government, publish any representation on behalf of its members, whether in the press or otherwise.
(e) The association shall not, in respect of any election to a legislative-body, or to a local authority or body, whether in Pakistan or elsewhere.
(i) Pay or contribute towards, any expenses incurred in connection with his candidature by a candidate for such election.
(ii) by any means support the candidature of any person for such election; or
(iii) undertake or assist in the registration of electors, or the selection of a candidate for such election.
(f) The association shall not:-
(i) Maintain, or contribute towards the maintenance of, any member of a legislative body, or of any member of a local authority or body, whether in Pakistan or elsewhere; or
(ii) Pay or contribute towards, the expenses of any trade union which has constituted a fund under section 16 of the Trade Unions Act, 1926 (XVI of 1926); Provided that this sub-clause will not apply to Unions of the non-Gazetted staff of Pakistan Railways for which separate rules already exist on the subject."
10. LIEDA Employees Union had been registered by the Registrar, Trade Union Balochistan without considering the actual and legal aspects of the matter; as in view of the Rules, 1979, the Unions of employees of Government Departments, Semi-Government Departments and Autonomous Bodies, being governed by the Rules, 1979, cannot be registered.
11. Considering the relevant provisions of the applicable law as well as the Rules, 1979, it is held that the petitioners', Union was rightly cancelled by the Registrar Trade Union Balochistan vide impugned order dated 27.07.2024.
For the foregoing reasons, the petition, being meritless, is dismissed.