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Application No. 10 of 1910, decided on 10th June 1972.

, S. 1(3) read with S. 8(3)‑Employees of Provincial Building Department‑Not covered by subsection (3), of S. 1 unless shown to perform administrative functions in sense of "governing or managing" Registrar failing to raise objection to registration of Union within 13 days of receipt of application for registration ‑‑ Refusal of Registrar to register Trade Union, held, wrong and lit contravention of provisions of law‑‑Registrar directed to register Union to circum. stances.

General Secretary Provincial Buildings Employees Union v. Executive Engineer, Provincial Buildings Division and another

Appeal No. H YD‑456 of 1971 rel.

Wasiullah Qureshi for Applicant.

Nemo for Respondent.

This is an appeal under section 8(3) of the Industrial Relations Ordinance, 1969, against the Registrar of Trade Unions refusing to register the appellant Trade Union.

The case of the appellants is that they had formed a Trade Union comprising of the membership of the: Signallers and Tele phone Operators employed in the Irrigation (Canals) Department of the Government of Sind, on 10:h May 1970, with its Head Office at Hyderabad. They submitted an application for the registration of the said Union under sections 5 and 6 of the I.R.O., 1969 to the respondent on 24th June 1970. No objection. However, was raised by the respondent within 15 days as required by subsection (1) of section 8. But, by a letter dated 20th July 1970, the respondent intimated the appellants that the Tirade Union cannot be registered because the Signallers and Telephone Operators of the Irrigation Department cannot reasonably and legally be deemed to be either employed in an establishment or in an industry within the definition of the I.R.O., 1969. The appel lants contend that this order of the respondent is Illegal and without jurisdiction. Firstly, no objection was raised by him within 15 days of the receipt of their application, and secondly, the appellants do not come within the definition of subsection (3) of section 1 of the 1.R.0., 1969. They further contend that the respondent has registered other Trade Unions relating to the Government Departments Including the Trade Unions of the Workmen employed in the A.D.C., Irrigation Department and other Departments of the Government.

The respondent, In his Reply Statement, states that the appellants, being the employees of the Irrigation Department of the Government, cannot reasonably and legally be deemed to be either employed In an Establishment or in an industry within the definition of the I.R.O., 1969, and hence the registration was refused.

After filing the reply statement, the respondent remained absent and none appeared on his behalf when the appeal was fixed for arguments. Mr. Wasiullah Qureshi argued the matter off) behalf of the appellants. He has relied upon the decision of the Sind Labour Appellate Tribunal in the case of the Genera Secretary, Provincial Buildings Employees' Union v. Executive Engineer, Provincial Buildings Division and another, in Appeal No. HYD456 of 1971. In that decision, it has been held that the employees of the Provincial Building Department are not covered by subsection (3) of section 1 of the I.R.O., 1969, unless they are shown to have been performing any administrative function ir5 the sense of "governing or managing" in the Provincial Building Sub‑division. There fore, in view of this authority, It is clear that the appellants do not come within the definition of subsection (3) of section 1 of the I.R.O., 1969. Besides this, the Registrar has rap of not raised the objection within 15 days of the receipt of the appli cation made by the appellants as required by subsection (1) of section 8 of the I.R.O., 1369.

Consequently, I find that the refusal of the respondent to register the appellant Trade Union was wrong and in contraven tion the provisions of the I.R.O., 1969. The appeal is, them fore, allowed and the respondent is directed to register the appellant Trade Union and issue the certificate of registration.

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