' Registrar has filed this complaint to get a direction for cancellation of the registration of the Union.
Learned Presiding Officer, Punjab Labour Court No, I, has held that the employees of the Social Security Institution are public servants under section 75 of the West Pakistan Social Security Ordinance. Therefore, Industrial Relations Ordinance, is not applicable to them so employees of the institution cannot form a Trade Union.
2. I am sorry. I am not bound by the finding given by my learned brother. Constitution has given a right of the forming a Trade Union of every citizen. This fact is immaterial whether an employee is public servant or Civil Servant. The real test is whether employees of this institution are engaged in the administration of State or not. Social Security Employees are never engaged in administration of the State. The job which they do can be done by a private corporation, so they can form a Trade Union.
3. In that view of the matter I dismissed the complaint filed by the Registrar Trade Unions, Rawalpindi Division.