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1975 PLC 554

LIVESTOCK FARM LABOUR UNION, OKARA vs REGISTRAR, TRADE UNIONS,

Citation1975 PLC 554
CourtLabour Appellate Tribunal
Judge(s)Muhammad Jamil Asghar
ResultN/A

JUDGMENT This is an appeal against the order dated 4-3-1975 of Punjab Labour Court No. 4, Multan directing the Registrar, Trade Unions, Multan Region, Multan to cancel the registration of the appellant-Union, namely, Livestock Farm Labour Union, Bahadur Nagar, Okara, District Sahiwal. 2.

The appellant-Union was registered by the Registrar on 26-6-1973. At that time all the employees of the Livestock Farm Experiment Station, Bahadur Nagar, comprised of contingent paid staff and that is why their Union was registered. Subsequently a fundamental change took place in their status in view of endorsement No. 675-845, dated 7-2-1975 from the Manager, Livestock Experiment Station, Bahadur Nagar, addressed to various Government Offices, according to which all the contingent paid staff of the Livestock Experiment Station, Bahadur Nagar was converted into regular establishment sanctioned by the Government of the Punjab' vide Memo No. 2/403-SH-SOH (Agri.)/74, dated 27-4-1974 and their services were regularised in National Pay Scale No. 1 and 2 with effect from 1-7-1974, subject to their medical fitness from Medical Superintendent, Sahiwal. In the above Memo, it was also mentioned that the said employees were to be governed by such rules and orders relating to leave, efficiency and disciplinary Rules, Pay Allowances, etc. issued by the Government of the Punjab from time to time for the category of Government servants to which they belong. The respondent, therefore, contended that the establishment of the Livestock Farm Experiment Station, Bahadur Nagar was a Provincial Government Institution working under the Ministry of Agriculture and the employees of the said establishment were on National Pay Scales admissible to them and as such they were deemed to be Government servants employed in and for administration of State. Therefore they were hit by subsection (3) of section 1 of Industrial Relations Ordinance, 1969. The learned Labour Court upheld the contention and directed the Registrar to cancel the registration of the appellant-Union as already mentioned above. 3.

Aggrieved by that order the appellant-Union has preferred this appeal.

4. The learned Representative of the appellant contended that employees of the Livestock Farm Experiment Station, Bahadur Nagar were not Government servants as they came under the jurisdiction of Livestock Dairies and Poultry Development Board vide Ordinance No XXI of 1973, which came into operation on 3-11-1973. It is no doubt true that in the Schedule to the above Ordinance Livestock Farms are included but there is no mention of Livestock Farm Experiment Station, Bahadur Nagar, which i$ a separate Organisation and whose employees were converted into regular establishment and their services were regularised in National Pay Scale No. 1 and 2 after the promulgation of the aforesaid Ordinance. They were also made subject to the rules and orders relating to Leave, Efficiency and Disciplinary Rules, Pay, Allowances, etc. issued by the Government of Punjab from time to time. Further by virtue of Government Notification No. VIII-38-SOAH III (Agri )/62, dated 19-11-1962, the Governor of West Pakistan was pleased to redesignate Government Buffalo Breeding Farm, Bahadur Nagar, as Livestock Experiment Station and under Government Order No. SOV-(C & M)-2-14/70, dated 12-7-1973 Agriculture Department was bifurcated into three independent Departments namely, Agriculture Department, Livestock and Dairy Department and Forest and Wildlife Department with regular cadres and fixed strength of staff was sanctioned under the direct administration of the Government. Therefore, all the employees of the Livestock Farm Experiment Station, Bahadur Nagar, are clearly Government servants and as such they do not come within the ambitl of Industrial Relations Ordinance, 1969, in view of subsection (3) of section 1.1

5. In the result I uphold the order of the Labour Court and dismiss the appeal.

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