FALAK SHER, J.- This order will dispose of writ petitions No.15207 and 15261 of 1993 having commonality of facts and law viz., Railway Employees Registered Unions in their representative capacity assailing legality of the notification of the Government of Pakistan Ministry of Railways dated 18.10.1993 notifying the enshrined railway lines as the classified Ministry of Defence lines being essential to the defence services of Pakistan during peace and war on the advice of the Ministry of Defence thereby rendering the employees engaged therein out of the purview, scope and operative pale of the Industrial Relations Ordinance 1969 by virtue of the exclusionary clause postulated by section l(3)(a) thereof contending it to be an encroachment on the legislative sphere through executive fiat and violative of Article 17 of the 1973 Constitution tending to curtail the trade union activities placing reliance on the precedent law reported as Controller, Stationery and Forms Government of Pakistan Vs. Registrar Trade Unions Sind (PLD 1991 SC 353) and Sultan Mahmood Vs. National Logistic Cell (1992 PLC 739).
2. Having examined the impugned notification conjuctively with the ouster clause and* the Article being pressed into service, relevant text whereof for the sake of convenience of reference is reproduced herein below, I am afraid the petitioners are misconceived.
3. Notification:-Government OF PAKISTAN MINISTRY OF RAILWAYS (RAILWAY ROAD) BOARD, Islamabad, the 18th, Oct, 1993.
NOTIFICATION SUBJECT:- EXEMPTION OF RAILWAY EMPLOYEES WORKING ON MOD (MINISTRY OF DEFENCE) LINES FROM THE PURVIEW OF INDUSTRIAL RELATIONS ORDINANCE 1969.
It is hereby notified for information of all concerned that the following Railway lines, being essential to the Defence Services of Pakistan, during peace and war were classified as MOD Lines. These Railway lines were also notified as such by the Ministry of Railways from time to time on the advice of the Minister of Defence.
1. Karachi Cantt-Peshawar (main line) via Multan loop.
2. Kotri-Rohri via Dadu.
3. Hydarabad-Mirpur Khas-Chhor-Khokhropar.
4. Mirpur Khas-Pithoro (via Jhudo loop except between Digri-Naukot.
5. Rohri-Quetta.
6. Samasata-Mandi Sadiq Ganj-Amruka.
7. Sher Shah-Kundian-Attock City.
8. Khanewal-Shorkot Cantt-Chak Jhumra.
9. Shorkot Cantt-Shahinabad. v
10. Chak Jhumra-Shahinabad-Sargodha-Kundian.
11. Shahdara Bagh-Narowal-Chak Amru.
12. Lalamusa-Sargodha.
13. Wazirabad-Sialkot-Narowal.
14. Lodhran-Pakpatten-Kasur.
15. Badin-Hyderabad.
16. Jacobabad-Kot Adu.
17. Shorkot-Shahdara Bagh.
18. Kasur-Raiwind. - 19. Chak Jhumra-Wazirabad.
20. Shahdara Bagh-Sangla Hill.
2. Being classified as MOD (Ministry of Defence) Lines, it has been considered by the Federal Government of Pakistan imperative to notify for information of all concerned that by virtue of the provisions of clause (a) of subsection (3) of section 1 of the Industrial Relations Ordinance 1969 (XXIII of 1969) the said Ordinance is not applicable inter alia to any Railway employee employed in connection with the MOD Lines or any installation connected there with or incidental thereto including installations such as sheds, washing lines, sick lines etc.
3. These Railway employees are accordingly advised in their on interest not to take part in any trade union activities. These Railway employees are further warned that if they take part in any trade union activities, they shall become liable to all legal and disciplinary actions as provided under the law and the Statutary Rules."
Section l(3)(a) of the Industrial Relations Ordinance 1969; "1. Short title, extent, application and commencement.- (1).................
(2)......................................
(3)It shall not apply to any person employed
(a) in the Police or any of the Defence Services of Pakistan or any services or installations connected with or incidental to the Armed Forces of Pakistan including an Ordinance Factory maintained by the Federal Government; or
(b) in the administration of the State other than those employed as workmen by the Railway, Posts, Telegraph and Telephone Departments; or
4. The contention as to competency is utterly ill-founded because the impugned notification by no stretch of imagination could be juridically classified to be a purported legislative measure since it only publicises the factum of the spelt out services and installations having been declared to be connected with or incidental to the Armed Forces pursuant to and within the contemplation of section 1(3) (a) ibid, according request of the concerned authority tending to apprise the intended effecters with a view to restraining them from breaching mandate of the law.
5. Framers whereof were duly conscious of the inroad having been carved in by Article 8(3) of the 1973 Constitution clogging the legislative competence of the Federal or Provincial legislature vis-a- vis the sanctity attached to the fundamental rights in the following terms:- "8. Laws inconsistent with or in derogation of Fundamental Rights to be void.-(1)........
(2)........................................
(3)The provisions of this Article shall not apply to,--
(a) Any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of Public Order, for the purpose of ensuring the proper discharge of their duties, or the maintenance of discipline among them; or ........................................................" inter alia, qua the activity in question, designed to cater for safe, unhindered and efficient mobilisation carriage, transportation and communication of troops, equipments, armaments, stores etc. In every perceivable situation during peace and war irrespective of the frequency and sharing of facilities with civilians for achieving and securing prime national interests directly co- related to and bearing an impact on the sovereignty and intergrity of Pakistan which can't be sacrificed at the altar of trade union activities.
6. Further it also takes care of the proviso to clause (b) of section 1(3) ibid perceiving through the maxim Generalia specialibus non dargant as an aid to logical construction.
7. Indentical views have been entertained in the cases Haji Malik Aman Vs. Federation of Pakistan (1993 PLC 961); Canteen Stores Department Employees Welfare Union Karachi Vs. Canteen Stores Department (1983 SCM R 1101) and United Builders & Associates Vs. Presiding Officer Punjab Labour Court No. 1 (1976 PLC 855) viz., employees of the Cantonment Boards, National Radio and Telecommunication Corporation Canteen Stores Department and construction companies respectively, though private commercial organizations but being connected with services of the Armed Force, have been opined to be excluded from the purview of the I.R.O. Irrespective of their legal composition, funding as well as contemporaneously catering for services to the vast majority of civilians population.
8. Adverting to the contention as to the acclaimed infringement of Article 17 of the Constitution relevant text whereof is set out herein below:- "17.(1) Freedom of association. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of (sovereignty or integrity of Pakistan, public order of morality)," suffices it to observe that it is equipped with inherently inbuilt fetters rendering it subservient to reasonable restrictions imposed by law, an approved of penomenon finding mention in the judgment referred to by the learned counsel for the petitioner Controller, Stationery and Forms Government of Pakistan Vs. Registrar Trade Unions Sind (PLD 1991 SC 353), which criteria, patently, the complained of adventure visualized on the objective spectrum.
9. While the second citation Sultan Mahmood Vs. National Logistic Cell (1992 PLC 739) reporting remand order of the Punjab Labour Appellate Tribunal is of no consequence being beyond the contemplation of Article 189 of the Constitution which reads as under:- "189 Decisions of Supreme Court binding on other courts.-Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan,"
Independent thereof it even otherwise doesn't qualify for consideration of any of the touch stones of the doctrine of stare decisions for the Tribunal has only remanded the case for ascertainment of factual query as to status, composition and activities of the National Logistic Cell keeping in view the ouster clause of the Ordinance ibid.
10. Consequently the petitions being devoid of any substance are hereby dismissed.