MALIK MUHAMMADK QAYYUM, J. - This judgment shall dispose of W.P, Nos. 15392, 15401,15404, 15400, 15408, 15405, 9063, 5816, 5822, 15389, 15390, 15391, 15394, 15393, 15395, 15397, 15396 15398, 15402,25399, 10442, 15413, 15412, 15411, 15410, 15409, 15407, 15406,' 15403, 15417, 15416, 15415, and 15414 of 1996*in which common questions of law arise for determination.
2. In all these petitions* under Article i99 of the Constitution of' Islamic Republic of Pakistan, 1973, two questions arise for determination; firstly as to whether the employees of Pakistan Railways, who have gone to s National Industrial Relations Commission or the Labour Court, as the case may be, were workmen within the meaning of Industrial Relations Ordinance, 1969 and secondly as to whether the said Ordinance was at all applicable to those employees.
3. In view of the common questions of law arising in these petitions, it is unnecessary to set out the facts in detail; suffice it to say that in Writ Petition No. 15392/1996, 15392/1996. Respondent No. 3, Ghulam Nabi, while working as Assistant Works Inspector, had find an application under section 22- A (8) (g) of Industrial Relations Ordinance, 1969 before the National Industrial Relations Commission claiming that his date of birth was 6.5.1936 and not 6.5.1936 and as such his retirement from service was unjustified. This application was contested by the petitioner on various grounds but was allowed on 29.5.1996 by the Commission.
4. In support of these petitions, learned counsel appearing for Pakistan Railways has contended that by virtue of Notification dated.
9.6.1992 issued by the Ministry of Railways, Government of Pakistan, respondent No. 3 had been declared to be a supervisor and was therefore not workman and secondly by another notification dated 18.10.1993, certain railways lines qn which the employees were working were declared as essential to defence services of Pakistan and as such Industrial Relations Ordinance, 1969 has no applicability.
5. Both these contentions are well founded. So far as question that the respondents-employees were workmen is concerned a reference to the Industrial Relations Ordinance, Court on 9.3.1991 u/de judgment reported as Railway Worker's Union Regd. u. Government of Pakistan, Ministry of Railways (PLD 1995 Lahore 333) wherein it. Was observed that safe, unhindered and efficient mobilization carriage, transportation and communication of troops, equipments, armaments, stores etc. In every conceivable situation during peace and war, irrespective of the fervency and sharing of facilities with civilians for achieving and securing prime national interests, directly co- related to and bearing impact on the sovereignty and integrity of Pakistan, could not be sacrificed at the altar of trade union activities, In the presence of this Notification, Industrial Relations Ordinance, 1969 has no applicability.
In view of what has been stated above, all these petitions are allowed; the impugned orders passed by the Industrial Relations Commission under Industrial Relations Ordinance, 1969 are declared to be without lawful Authority and of no legal effect.
No order as to costs.