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Complaint No. 29 of 1974, decided on 8th May 1974.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance (VI of 1968)-
S. 2 read with Industrial Relations Ordinance (XXIII of 1969) Association (like Y. M. C. A.) with object to develop Christian character and usefulness of its members and to promote intellectual, social and physical interests of young men-Does not fall within defini tion of an industrial or commercial establishment-Provisions of Industrial Relations Ordinance, 1969, held, not applicable to such Association.
A. Majeed for the Complainant.
M. L. Shahani for the Accused.
The above-named complainant has filed this criminal complaint under section 62 of Industrial Relations Ordinance, 1969 against the accused who is Secretary of Young Men's Christian Association. The allegations against the accused are that th;; Workers' Union had written to the accused to deduct the Union, subscription from the salary of the employees which the accused refused to do, and rendered himself liable under section 62 of Industrial Relations Ordinance. It is contended by the Representative of the accused that Y. M. C. A. is a charitable Institution and not a Commercial or Industrial Organisation, as such the Court has no jurisdiction. I have heard the Representatives of the parties. The learned Representative of accused has filed the constitution of the Y. M. C. A. which shows that the object of the Association is to develop the Christian character and usefulness of its members and to promote intellectual, social and physical interest of youngmen at Karachi, etc. There is nothing to show that Y. M. C. A. is an Establishment even. Establishment is defined under clause (iv) of section 2 as an office, firm, industrial. Unit, undertaking, shop, or premises in which workmen are employed for the purpose of carrying any industry. The organisation Young Women's Christian Association which is similar o the present one is not held to be an industry, commercial establishment as held by the learned Labour Appellate Tribunal in Application No. KAR. 633 of 1973.
I therefore hold that Y. M. C. A. is not an industrial or commercial establishment, as such the provisions of Industrial Relations Ordinance are not applicable to it. The complaint is as such dismissed.
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