Muhammad Akhlaq Khan v. National Industrial Relation Commission and others

Case summary

The judgment in brief

The Federal Constitutional Court held that Section 8(1)(d) of the Industrial Relations Act, 2012 requires at least 75% of a trade union executive to be workmen from the relevant establishment or industry, but permits the remaining up to 25% to include non-workmen.

Question of law

The legal question

Whether the remaining twenty-five percent of a trade union executive under the proviso to Section 8(1)(d) of the Industrial Relations Act, 2012 must still consist of workmen, or may include persons who are not workmen.

Court holding

What the Court decided

At least seventy-five percent of the executive must be workmen actually engaged or employed in the relevant establishment or industry. The remaining up to twenty-five percent need not be workmen and may include outsiders. This is an enabling allowance, not a compulsory outsider quota, and every individual's eligibility remains subject to the union constitution and other applicable law.

Result

Outcome and directions

Leave was granted and the appeal was allowed. The Sindh High Court judgment dated 29 August 2023 was set aside and the petitioner's constitutional petition was allowed. His individual eligibility is to be determined under the declared interpretation.

Practical effect

What the decision means in practice

Leave was granted and the appeal was allowed. The Sindh High Court judgment dated 29 August 2023 was set aside and the petitioner's constitutional petition was allowed. His individual eligibility is to be determined under the declared interpretation.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.