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Application No. 293 of 1975, decided on 3rd March 1976.

-- S. 1(3)-Application of Ordinance - Employees like Tube-well Drivers anti workers connected with water supply and sewerage Cannot be deemed to be persons employed in "administration of State"-Such employees not hit by provisions of S. 1(3).

Appeal No. GWA/82 of 1973 ; Lahore Improvement Trust Employees Union v. Registrar of Trade Union, Lahore Region, Lahore Appeal No. LHR-63 of 19 75 ref.

H. R. Haider for Petitioner.

K. Iftikharulhaq for Respondent.

The Registrar of Trade Unions, Lahore Region, Lahore has filed the under-consideration application under section 10(1) of the Industrial Relations Ordinance. 1969 against Tube-well Drivers Water Supply & Sewerage Staff Union L. I. T., Lahore, seeking the cancellation of the registration of the said Union, It has been maintained in the application that the respondent-Union was registered on 12-2-66 by Certificate No. 5 of 1966 and that this Union consisted of employees of Lahore Development Authority who were Public servants under section 41 of the Lahore Develop ment Authority Act, 1975 and therefore, Industrial Relations Ordinance, 1969, was not applicable to them as has been held by the Punjab Labour Appellate Tribunal in case of Malaria Eradication Employees' Union in Appeal No. GWA 82-73, decided on 22-6-74.

2. This application has been vehemently opposed by the respondent Union.

3. I have heard the parties. It is noteworthy that the learned Appellant Tribunal in its judgment delivered in Appeal No. LHR 63/75 Punjab In re: Lahore Improvement Trust Employees' Union v. Registrar of Trade Unions, Lahore Region, Lahore has held that the judgment being relied upon by the Registrar relating to Malaria Eradication Employees' Union was no longer a good law.

4. As a matter of fact the employees of Lahore Development Authority have been declared as public servants for the limited purpose of the P. P. C. Otherwise in the present case the members of the respondent-Union are low-paid employees like Tube-well Drivers and workers connected with Water supply and Sewerage. Such workmen by no stretch of imagination can be deemed to be the persons employed in the administration of the State and therefore they are not hit by the provisions of section 1(3) of the Industrial Relations Ordinance, 1969.

5. In this view of the matter we find little force in this application of the Registrar which is accordingly dismissed.

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