' This is an appeal against the decision, dated 23rd May, 1977 of Punjab Labour Court No, 1, Lahore.
2. Badar Din, appellant, was employed as a Chowkidar in the respondent establishment. His services were terminated on 20th August, 1974. He filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 on 17th March, 1975 in the Junior Court, which was abolished in January, 1976. The case was then received by Punjab Labour Court No,
1. Lahore on transfer. The parties were directed to appear before that Court on 15th April, 1976. Since the parties did not appear on that date the petition was dismissed in default. On 6th May, 1976 the appellant applied for the restoration of his petition, which was fixed for evidence on 23rd May, 1977. The respondent raised a preliminary objection that the Labour Court had no jurisdiction to entertain the petition because the respondent society did not fall within the definition of an industry. The counsel for both the parties addressed the Labour Court on the point whether the respondent society was an industry or not. The Labour Court held that the respondent society was neither an industry under the Industrial Relations Ordinance, 1969 nor an industrial establishment under the W. P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Therefore it came to the conclusion that it had no jurisdiction and as such refused to restore the petition because it would have amounted to an abuse of the process of law.
3. Aggrieved by the above decision, Badar Din, appellant has preferred this appeal. Nobody put in appearance on 27th April, 1978 in spite of service and, therefore, an order of ex parte proceedings was passed against him.
4. The learned Labour Court, after the perusal of the Annual Report 1974-75 came to the conclusion that all the office-bearers of the respondent society were honorary members. The Society is a non- official and noncommercial organization working on voluntarily basis. It depends on funds provided by the Government and non-Government agencies and donations from the public. The aim of the society is to provide disabled persons with the maximum opportunities to secure preventive, remedial and rehabilitative treatment according to their needs, so that their capacity for useful work is restored and that they are enabled to share life of the community to the fullest extent possible. The services provided by the society are :-
(i) Diagonsis of the patient's condition and evaluation of his potential for recovery.
(ii) Treatment on the lines prescribed by the Medical Officer involving light, heat, massage wax treatment and special exercises in the physiotherapy Department.
(iii) Instructions to patients and their families regarding medical care at home and the use and maintenance of orthopaedic appliances.
(iv) Family counselling to help in adjustment to changed conditions arising out of disability.
(v) Occupational therapy and rehabilitative treatment when prescribed by the Medical Officer.
(vi) Provision of orthopedic appliances and artificial limbs.
5. As soon as a disabled person is admitted, he is examined by a team of professional rehabilitation workers like Medical Officer, Surgeon, Social Workers, physiotherapist and vocational trainees etc. Thereafter, the treatment follows. There are different departments. In one of the departments artificial limbs are manufactured and fitted on the person of the disabled. Thereafter, he is sent to the Vocational Centre to enable him to rehabilitate himself in life by doing a particular job. Psychological treatment is also given to adjust him with his family and the society in which he moved. Almost all the experts of the higher level provide their services to the society on honorary basis.
6. In the light of the above it has to be determined whether the Society is an industry under the Industrial Relations Ordinance, 1969 or an industrial establishment under the W. P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. In the case K. G. Old Principal Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others it was held .- "The upshot of the entire discussion is that the expression, "Business, Trade, Manufacture, Calling Service, Employment or Occupation" in the definition of Industrial Relations Ordinance, is not in its ordinary dictionary meaning but in its popular and conventional meaning. In the context of industrial and Labour laws, these expressions apply to any enterprise which is organised and is systematic depending substantially, if not entirely, on the co-operation between Labour and capital, and having as its object production, distribution and consumption of wealth, or the production or provision of material services. The enterprise as a whole has to be looked at to find out its raison d'etre, and any part of it which is incidental,ancillary or an adjunct cannot determine the character of the whole."
5. Applying the above test it has to be determined whether the respondent society is an industry under the Industrial Relations Ordinance, 1969. The main purpose of the respondent society, which is run by office- ' bearers, who are honorary members of the society, is to provide disabled people with the maximum opportunity to secure, preventive, remedial and rehabilitative treatment according to their needs so that their capacity for useful work is restored and they are enabled to share the life of the community to the fullest extent possible. The doctor etc. Do not charge any fees. In fact all the experts who treat the disabled people, render their services honorarily. All the executive members of the Society also perform their duties without hire or reward, therefore, the Society does not depend upon the co-operation between Labour and capital. The object of the Society has1 nothing to do with the production, distribution or consumption of wealth but it is to rehabilitate the disabled people in their life. Therefore, it cannot be said that the said Society is an industry under the Industrial Relations Ordinance, 1969.
8. Now the next point for determination is as to whether the respondent Society is an industrial establishment under the W. P. Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968. Industrial establishment is defined as under :- "Industrial establishment" means-
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (IV of 1936) ; or
(ii) a factory as defined in clause (j) of section 2 of the Factories Act, 1934 (XXV of 1934) ; or
(iii) a railway as defined in clause (4) of section 3 of the Railways Act, 1890 (IX of 1890) ; or
(iv) the establishment of a contractor who, directly or indirectly, employs workmen in connection with the execution of a contract to which he is a party, and includes the premises in which, or the site at which any process connected with such execution is carried on ; or
(v) the establishment of person who directly or indirectly, employs workmen in connection with any construction industry. Industrial establishment under the Payment of Wages Act is defined as under :- "industrial establishment" means any-
(a) tramway or motor omnibus service ;
(b) dock, wharf or jetty ;
(c) inland steam-vessel ;
(d) mine, quarry or oil-field ;
(e) plantation ;
(f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale ;
(g) establishment of a contractor who, directly or indirectly, employs persons in any industrial establishment to do any skilled or unskilled, manual or clerical labour for hire or reward in connection with the execution of a contract to which he is a party, and includes the premises in which or the site at which, any process connected with such execution is carried on.
9. According to clause (f) above, a workshop or other establishment in which articles are produced, adapted or manufactured with a view to their use, transport or sale, would make that workshop or other establishment an industrial establishment. In the instant case I find that only the administrative office or the workshop where artificial limbs are manufactured, employs workers for hire or reward. The artificial limbs, so produced are either used by the disabled persons or are sold to them. Therefore, the workshop would be an industrial establishment within the meaning of clause (f) of section 2 of the Payment of Wages Act and as such would also be an industrial establishment under the W. P. Industrial and Commercial Employment (Standing Orders)
Ordinance, 1963. Under these circumstances, the appellant would have a right guaranteed or secured to him under the aforementioned Ordinance and as such the Labour Court would have jurisdiction to entertain the petition.
10. I accordingly accept the appeal, set aside the decision of the Labour Court and remand the case back to it for decision afresh in accordance with law. PLD 1976 Lah. 1097 revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.