The Federal Constitutional Court of Pakistan (FCCP) has held that under Section 8(1)(d) of the Industrial Relations Act, 2012, the remaining 25 per cent of members of a trade union’s executive need not necessarily be workers and may include persons who are not employees of the relevant establishment or industry.
FCCP allows non-workers to occupy up to 25% of trade union executive
ISLAMABAD, Sep 25 (APP): The Federal Constitutional Court of Pakistan (FCCP) has held that under Section 8(1)(d) of the Industrial Relations Act, 2012, the remaining 25 per cent of members of a trade union’s executive need not necessarily be workers and may include persons who are not employees of the relevant establishment or industry.
The court ruled that at least 75 per cent of the members of a trade union’s executive must be workers employed in the relevant establishment or industry, while no such requirement has been prescribed by law for the remaining 25 per cent.
It clarified, however, that the eligibility of such persons would remain subject to the trade union’s constitution and other applicable legal requirements.
A two-member bench comprising Justice Syed Hasan Azhar Rizvi and Justice Muhammad Karim Khan Agha announced the judgment on a petition filed by Muhammad Akhlaq Khan against the National Industrial Relations Commission (NIRC) and others. The petition was heard on September 1, 2026.
According to the judgment, Muhammad Akhlaq Khan was a former employee of K-Electric and former chairman of the union. The Sindh High Court had held him ineligible to contest election for the remaining 25 per cent portion of the union’s executive.
The Federal Constitutional Court disagreed with the interpretation of the Sindh High Court and held that the purpose of the relevant provision of the Industrial Relations Act, 2012 was to ensure that at least 75 per cent representation in the executive came from workers of the relevant establishment or industry, while the law left room for persons from outside the establishment or industry in the remaining 25 per cent.
The court further held that the 25 per cent portion was not required to be filled by outsiders. Rather, members of a trade union could decide, in accordance with its constitution, whether or not to avail themselves of the statutory provision.
The judgment said such persons could include lawyers, accountants, academics, retired officers or individuals having relevant professional experience. Their eligibility, however, would remain subject to the union’s constitution and other applicable legal requirements.
The court also observed that the Industrial Relations Act, 2012 did not prescribe any maximum age limit for a person contesting election for the 25 per cent portion of the executive. Therefore, the court could not itself impose an age limit.
It nevertheless recommended that the legislature consider prescribing an age limit of 65 to 70 years for such positions.
The Federal Constitutional Court allowed the petition, granted leave to appeal and disposed of the matter in light of the legal principles laid down in the judgment.
