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1993 SCMR 1658

M/s. AGHA & CO. CONTRACTORS and 4 others vs M/s. MARI GAS CO. LTD.

Petitioner: M/s. AGHA & CO. CONTRACTORS and 4 others VS Respondent: M/s. MARI GAS CO. LTD. CONTRACTORS MAZDOOR UNION and another

Court: Supreme Court of Pakistan Decision Date: 1993-06-08

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Saleem Akhter, Ajmal Mian Title:M/s. AGHA & CO. CONTRACTORS and 4 others vs M/s. MARI GAS CO. LTD.

CONTRACTORS MAZDOOR UNION and another Case No.: C.Ps.LA. No, 168-K to 172-K of 1993 Date of Judgment:1993-06-08 Reported As: 1993 SCMR 1658 Result: Leave granted Judgment ORDER ' SALEEM AKHTAR, J.---This order will dispose of all the five petitions in which facts and questions of law are identical. 2. The petitioners seek leave to appeal against the judgment of the learned Judges of the Division Bench of the High Court whereby their petitions challenging the order passed by respondent No, 2 cancelling the registration certificate granted in favour of respondent No, 1 were dismissed. The petitioners claim to be independent contractors employed by M/s. Mari Gas Co Ltd. To undertake security arrangements of the various wells of the gas company. There are twelve such contractors including the petitioners and they claim that each one of them is independent of the other. Respondent No, 1 in each of these petitions is the registered trade union by the name of Mary Gas Co. Ltd. Contractors Mazdoor Union comprising of all the employees of the twelve contractors, allegedly employed as Chowkidars at the gas company. Respondent No, 2 granted registration certificate to respondent No,1 on 2-9-1987. The petitioners applied for cancellation of the certificate, but their application was dismissed. Their main contention was that -a trade union can be established of workers employed at different establishments owned or run by the same employer. The question raised is of general importance and we grant leave to consider the following question:-- ' Whether a trade union can be established of workers employed at different establishments owned or run by several independent employers ?

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