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Appeal No. PWR-131 of 1970, heard on 10th June 1970.
Ss. 10 & 11 Trade Union -- Registration, cancellation containing allegations that 75 % of office-bearers were outsiders; persons mentioned in list of members were not members and there was no meeting of workers for election of office-bearers--Case, in circumstances, remanded to Registrar far decision after obtaining evidence of parties
M. S. Bukhari for Appellant.
Sheikh Muhammad Usman for Respondent.
Dilawar Khan for the Registrar of Trade Unions
Date of hearing: 10th June 1970.
This is an appeal under section 11 of the Industrial Relations Ordinance, 1969, against an order of the Deputy Director, Labour Welfare, Peshawar Region, dated the 1,8th of April 1970, whereby he dismissed the application of the appellant dated the 12th of April 1970, for cancellation of the registration of the respondent-Union. The appellant prays for the cancellation of the registration of the respon4ent-Union on the ground that 75 % of its office-bearers were outsiders, that many of the members who were mentioned in the list submitted by Rte respondent were not members of the respondent-Union and that no meeting of the workers was held for election of office bearers. These facts have been denied by the respondent Union before me. At this stage it is not possible to determine the allegations made by the appellant or to accept the contention of the respondent-Union in the absence of any evidence before me. It would also not be appropriate and just to take evidence before mg and dispose of the application of the appellant, as oats of the parties will be deprived the right of appeal. It is but fail and proper that the parties should lead evidence before the Registrar of Trade Unions, Peshawar Region in support or otherwise of the application dated 12th of April 1970. I would, therefore, set aside the order of the Deputy Director Labour Welfare who is also the Registrar under the Industrial P.t la.6ioas Os4inance, 1969. 1 order him to expeditiously dispose of the application d4te.d 12th of April 1970 on merit.
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