' MAHMOOD AKHTER (SENIOR MEMBER).---The question raised in this appeal is whether the workmen of the Archaeology Department, Karachi and Archaeology Directorate, Lahore could be registered as a trade union under Industrial Relations Ordinance, 1969 or not. The Registrar of Industrywise Trade Unions who considered this question on original side rejected the plea of the union for registration of trade union in the Department. He accepted the plea of the Department of Archaeology that the said union cannot be registered under the law as the employee of that Department arc the Government Employees who have no right to get their union registered. The petitioner urged that a union has already been registered by the Registrar of Trade Union, Karachi, in the said Department at Karachi, but even that plea did not prevail with the Bench.
2. We have heard the detailed arguments of both sides.
3. It is urged, albeit mistakenly that the equity of treatment under the law shall be denied to the petitioners if their union is not given the same treatment as to workmen of Pak PWD, who can form trade union and hose trade unions are registered under the Industrial Relations Ordinance, 1969.
This plea has no force because of the doctrine of equality before law. A reference to word 'industry' is necessary in this behalf. "Industry" as defined under clause 2(xiv) of the Industrial Relations Ordinance, 1969, reads as follows:- "industry" means any business, trade, manufacture, calling, service, employment or occupation".
4. It may be seen that the first three words business, trade and manufacture are those fields of human endeavour which are peculiar to employers and the last four words namely calling, service, employment or occupation arc those which arc peculiar to workmen. In the case Management of Safdar Jung Hospital v. Kuldib Singh Sethi (1970 II LLJ p. 266) (272) (SC), Mr. Hidayatullah, Chief Justice of the Indian Supreme Court stated that the definition of 'industry' read as a whole denotes a calling, enterprise in which employers and employees are associated. It does not exist either by employers alone or by employees alone. It exists only when there is a relationship between employers and employees, the former engaged in business, trade, undertaking, manufacture or calling of the employers and the latter engaged in any calling, service, employment, handicraft or industrial occupation or avocation. There must, therefore, be an enterprise in which the employers follow their avocation as detailed in the definition and employ workmen who follow one of the avocations detailed for workmen. The definition no doubt seeks to define industry with reference to employer's occupation but includes the employees for without the two there can be no industry. An industry, is only to be found when there are employers and employees, the former relying upon the service. Of the latter to fulfil their own occupation". In a case of Australian jurisdiction (Federated Municipal Shire Council Employees of Australia v. Melbourn Corporation 26 CLR 508), the Justices Isaacs and Rich, JJ. Analysed the term industrial dispute and in the process constituted "industrial disputes" occurred when, in relation to operations in which capital and labour are contributed in cooperation for the satisfaction of human wants and desires, those engaged in respecting either a share of the produce or other activity of Municipal Corporation would fall within the ambit of definition. The Court held in that case that although Municipal activity utterly regarded as business or trade yet it will fall within the scope of word "industry". The Industrial Relations Ordinance conceives of workmen or employers engaged in an establishment which is an office, a firm and industrial unit undertaking, shop or premises in which workmen are employed for the purposes of carrying on any industry. Archaeology is neither a business nor a trade nor a manufacture nor a service nor employment nor occupation. It is in fact not an industry where no workmen are employed to create an art. A poet's work will not be called industry because no workmen are employed to create poetry. Similarly, the work of artist, any other intellectual provisions also cannot be called industry, including educational institutions are not considered to be covered b) the definition of the term industry under the Industrial Relations Ordinance, 1969. The High Court of Calcutta held in Barahmo Samaj Educational Society and others v. West Bengal College Employees Association and others (1968 PLC 678) that an educational institution is not an industry. Similarly, in 1976 PLC 670 it was held that Fatimah Jinnah Medical College was not an industry. In the case of Aiyasha Bhawani Academy (1975 PLC 354) also it was held that educational institution is not an industry. In this view Archaeology which operates musea and undertakes digging up renovation and maintenance of historical sites also performs a work of educational nature.
5. In this view of the matter Archaeology Department's work does not fall within the definition of the term industry. It is more in the nature of national heritage or ancient history, but not a business, trade, or manufacture, or employment, in which workmen and employers by joint endeavour produce, services or goods. The Archaeology Department is therefore not an industry because, they do not carry on an industry (i,e, a business, trade, manufacture, calling, service employment or occupation) through the employer worker relationship. The Archaeology Department's establishment is not an office firm industrial unit undertaking shop or premises in which workmen arc employed for the purpose of carrying on a business, trade, manufacture, calling, service, employment or occupation.
5. This appeal is therefore dismissed being of no merit. 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.