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Industrial Case No. 211 of 1971, decided on 16th November 1971.
S. 10 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] read with Ss. 7(d) & 21‑Cancellation of registration‑ Number of office‑bearers of Union, ire service of establishment concerned decreasing from twenty percent. ‑ Contravention of S. 7(d)‑Union further found contravening requirements of S. 216 falling to submit annual return‑Circumstances, held, sufficient fur cancellation of registration.
This is a complaint by the Registrar of Trade Unions, N.‑W. F. P., Peshawar, under section 10 of the I. R. O., 1969 (as amended by the Industrial Relations (Amendment) Ordinance, 1970) for the cancellation of the registration of the Karimi Industries Employees' Union, Nowshera on the ground that the respondent‑Union has contra vened the provisions of section 7 (d) and section 21 of the I. R. O., because 17 of its 19 office‑bearers are no longer in the service of the Karimi Industries Ltd., Nowshera land also the res pondent‑Union has failed to submit the requisite annual return for the year ending 31st December 1970.
2. The respondent‑Union was served, through its President and General Secretary, by substituted service but neither‑of them turned up because none of the office‑bearers of the Union is either on the roll of the establishment of the Karimi Industries Ltd. or available in the Head Office which is reported to have closed down. This Court had, therefore, no alternative but to take ex parte proceedings against the respondent. Union.
3. The evidence of Mr. Dilawar Khan, Assistant Director Registration, Peshawar (P. W. 1) was recorded on behalf of the petitioner and it appears from his evidence that the respon dent‑Union has actually contravened the provisions of section 7 (d) and section 21 of the I. R. O. The registration of the Union is, therefore, liable to be cancelled. The application of the petitioner is, therefore, accepted and it is directed that the registration of the respondent‑Union be cancelled forthwith. Both the members of the Court also agree with me in this behalf.
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