The facts giving rise to this writ petition are that the workers belonging to the Social Security Institution, Bahawalpur Region formed a trade union through its President under the name and style of Staff Union Social Security, Bahawalpur Region and applied to the Registrar, Trade Unions, Bahawalpur Region for its registration. The Registrar of Trade Unions, Bahawalpur refused the registration of the said trade union on 12-10-1989.
2. Feeling aggrieved by the said order of refusal dated 12-10-1989, the Staff Union Social Security, Bahawalpur Region filed an appeal under section 8(3) of the Industrial Relations Ordinance, 1969 before the Punjab Labour Court No,8, Bahawalpur. It was contended by the Staff Union before the Punjab Labour Court that there was no bar under the IRO, 1969 to register the said trade union and that the Social Security Institution falls within the ambit of I.R.O., 1969 for the purposes of registration etc. Of the trade union.
3. On the other hand, it was urged that the I.R.O., 1969 is not applicable to any person employed by an establishment maintained for the treatment or care of sick, infirm, destitute or mentally unfit persons. It was contended that as the Social Security Institution is engaged in the treatment or care of sick, infirm, destitute and mentally unfit persons, therefore, the bar of section 1(3)(f) Would apply and the union shall not be entitled for registration.
4. After considering the views from both the sides, the Presiding Officer, Punjab Labour Court No, 8, Bahawalpur vide judgment dated 3-1-1990 accepted the appeal of the Staff Union Social Security Bahawalpur Region and directed the Registrar, Trade Unions, Bahawalpur Region, Bahawalpur to register the said union and issue the necessary registration certificate.
5. The instant writ petition is directed against the judgment dated 3-1-1990 of the Punjab Labour Court No,8, Bahawalpur.
6. This writ petition was admitted to regular hearing on 13-1-1990 and the operation of the impugned judgment of the Labour Court was also suspended. It appears from the record that the judgment dated 3-1-1990 of the learned Labour Court was implemented, even before the filing of the writ petition as in compliance with the order of the learned Labour Court, the Registrar of Trade Unions, Bahawalpur Region Bahawalpur had issued certificate of registration in favour of the Staff Union Social Security Institution, Bahawalpur Region, Bahawalpur on 9-1-1990. Upon this, writ petitioner sought appropriate amendment in the writ petition, which having been allowed, an amended writ petition was filed on 13-2-1990 challenging the legality of the registration certificate dated 9-1-1990.
7. The main contentions raised in the writ petition are to the following effect:--
(i) That the Punjab Employees' Social Security Institution is established for providing benefits to certain employees or their dependents in sickness, maternity, injury or death and for the matters ancillary thereto. Such Institutions according to the petitioner are excluded from the operation of I.R.O., 1969 by virtue of section 1(3)(f) of I.R.O., 1969;
(ii) That the Social Security Institution does ' not fall within the definition of "industry" or "establishment" under I.R.O., 1969. . ' The respondent-Union submitted its reply and parawise comments in which it was contended as under:--
(i) That the employer i,e, the Punjab Employees' Social. Security Institution, Bahawalpur or its Director is not an aggrieved person, as the employer has no locus standi- to object or challenge the registration of a trade union;
(ii) that the Director Punjab Employees' Social Security Institution was not authorised to file the writ petition;
(iii) that the Social Security Institution is covered under the I.R.O., 1969 and a number of trade unions belonging to the Social Security Institution have been duly registered by the Registrars of Trade Unions, of various Regions. Many certificates of registration of such other Trade Unions of the Social Security Institutions were appended.
9. The learned counsel for the petitioner submitted that the main function of the Social Security Institution under the Provincial Employees' Social Security Ordinance, 1965 is contained in Chapter V of sections 35 to 45 of the Social Security Ordinance, 1965. It was contended that in this view of the matter, the Social Security Institution shall be excluded under section 1(3)(f) of I.R.O., 1969 and therefore, its employees shall not be entitled to form or register a trade union under the I.R.O. The learned counsel also submitted that with the formation and registration of the trade union, the object of the Social Security Institution shall be defeated. No other ground was urged.
10. Conversely, the learned counsel for the respondent has argued that the definition of "Establishment' as contained in section 2(ix) and the definition of the term "Industry" in section 2(xiv) is very wide and includes the Social Security Institution within the ambit of the I.R.O., 1969. He has also referred to a number of certificates of registration, by virtue of which, many trade unions of the Social Security Institutions belonging to other Regions have not only been registered but are regularly performing their functions under the I.R.O., 1969.
11. I have heard the learned counsel for the parties and perused the record. The main question that emerges for the disposal of this writ petition is as to whether the Social Security Institution constituted under section 3 of the Provincial Employees Social Security Ordinance, 1965 comes within the ambit of I.R.O., 1969 for the purpose of the latter Ordinance. Establishment under section 2(ix) of I.R.O., 1969 is defined as under:-- "Establishment means any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on any industry; and except in section 22(EE), includes a collective bargaining unit, if any, constituted under that section in any establishment or group of establishments."
' The term "industry' in section 2(xiv); ' means any business, trade, manufacture, calling, service, employment or occupation.
12. This question was considered in the case of Punjab Employees' Social Security Non-Gazetted Staff Union, Lyallpur v. Punjab Labour Appellate Tribunal, Lahore and another (PLD 1979 Lahore 448), in which it was held that the services rendered and functions performed by the Social Security Institution are necessarily incidental to the production and distribution of goods and that the Social Security Institution is an industry as defined in the I.R.O., 1969. While coming to this conclusion, reliance was placed on the case of K.G. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others (PLD 1976 Lah.
1097) wherein it was held that in interpreting the term "industry", the words such as business, trade, manufacture, calling, service and occupation are of the widest amplitude and include in their sweep every conceivable human activity which is not casual, recreational or a past time. It was also held therein that the use of these expressions in the definition of "industry" contained in I.R.O., 1969 and in the context of Industrial and Labour Laws, these expressions apply to any enterprise which is organized and is systematic depending substantially on the cooperation between labour and capital and having as its object production, distribution and consumption of wealth or production or provision of material services.
13. It is also worth mentioning that a number of documents have been placed on the record by the respondents which mainly consist of registration certificates issued by the Registrars of Trade Unions of different Regions. For example, Insaf Staff Union Social Security, Rawalpindi Region stands registered vide certificate of registration dated 17-5-1990, Employees' Social Security Staff Union, D.G. Khan Division, Muzaffargarh is registered vide certificate dated 15-10-1990 and a judgment of Presiding Officer of Punjab Labour Court No,4, Faisalabad dated 28-5-1989 has also been placed on the record showing that Progressive Staff Union Social Security, Faisalabad also stands registered.
14. In this view of the matter, it is held that the Social Security Institution squarely falls within the definition of "Industry" and "Establishment" as defined in the I.R.O., 1969. It is not excluded under section 1(3)(f) of the I.R.O., 1969 and its employees can lawfully form and register their Trade Union in accordance with the provisions of Industrial Relations Ordinance, 1969.
15. The upshot of the above discussion is that the writ petition is without any merit and is hereby dismissed. The parties to bear their own costs.