It is the Industrial Relations Act, 2012 only which enables the exercise of the Fundamental Right with regard to formation of unions as guaranteed under Article 17 of the Constitution at trans-provincial level. In our view, when a right to form a political party at national level is available and allowed to be exercised throughout the country, so does the right to form associations and unions at a level which transcends territorial boundaries of the provinces. The Fundamental Rights guaranteed under the Constitution cannot be abridged except in the interest of sovereignty and integrity of the country, public order or morality, or in a situation envisaged under Article 233 of the Constitution. If the Industrial Relations Act, 2012 is struck down on the ground that it overlaps with the provincial law, the workmen of trans-provincial establishments cannot form unions and get them registered that can legitimately function at trans-provincial level. These rights would remain unenforceable and unregulated by any law. Here arises the occasion to invoke the doctrine of "pith and substance". The object of this doctrine is to enquire what is the pith and substance of the law, vires of which are being challenged. If the outcome of such enquiry is that it only enables exercise of a right which cannot be exercised to the fullest under a provincial law, and the federal legislation can be justified on the basis of some Entry in the Federal Legislative List, then the impugned law cannot be declared to be an invalid piece of legislation merely because in its appearance it has incidentally encroached upon a subject falling within the legislative competence of the provinces. In such eventuality, the doctrine of pith and substance requires us to give primacy to the object which the Federal law aims to achieve, rather than to the subjects it deals with. Beyond any shadow of doubt, the Industrial Relations Act, 2012 was enacted to facilitate and regulate the exercise of the Fundamental Right of forming unions as guaranteed under Article 17 of the Constitution in the establishments that operate at trans-provincial level, which right cannot be made available and regulated through a provincial law. It is for this reason the scope of the impugned legislation is confined only to industrial and commercial establishments that operate either in the Islamabad Capital Territory or at trans-provincial level.

In view of our above findings, we declare that the Industrial Relations Act, 2012 is a valid piece of legislation. Its enactment was within the legislative competence of the Parliament, therefore the only forum to seek remedy with regard to any industrial dispute arising in a "trans-provincial" industrial and commercial establishment having branches in more than one province is the one that is provided in the Industrial Relations Act, 2012. All Constitutional Petitions accordingly stand disposed of.