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Application No. 452 of 1974, decided on 16th January 1975.

Industrial Relations Ordinance (XXI11 of 1969)----

-- S. 8-A-Removal during pendency of application for registration of Trade Union-Petitioner elected as General Secretary of Union-- Application for registration made to Registrar under intimation to employer-Petitioner removed from service on account of alleged resignation pending registration of Union - Circumstances not supporting voluntary resignation---Removal, in circumstances, held, illegal for want of permission of Registrar.

This is an application under sections 8 (A), 53 and 34 of the Industrial Relations Ordinance, 1969, filed by Luqman Ali. He is General Secretary of the Mazdoor Union, Bakir and Company Chemical Industries, Sargodha. He alleged that he was dismissed from service on 4-8-74. He prayed that he may be re-instated. The application was filed on 4-8-7v. On the same day my learned predecessor issued a stay order restraining the employer to remove the applicant from service. Consequently, the applicant is still working in the same factory.

The application of the applicant was that the workers formed a Union, he was elected as General Secretary, therefore, he moved the Registrar, Trade Union, to register the Union and the employer was also informed the names of the office-bearers. He further stated that on account of his Union activities his signatures were obtained on a blank paper by show of force and thereafter a resignation was recorded, on tire said paper. Section 8 (A) prohibits the employer to discharge or dismiss any officer of a Trade Union during the pendency of an application far registration of the Trade Union with the Registrar, provided that Union had notified the names of his officers to his employer in writing. In the present case Exh. D. E. is letter, issued by the Registrar of Trade Unions, informing the General Secretary that his Trace Union has been registered. It shows that the application was sub mitted to the Registrar on 24-7-74, and the registration was made on 3-9-74. Obviously, the applicant in the present case was removed from service when the application for registration was pending before the Registrar. It could not A be done without the premission of the Registrar and the removal from service is obviously illegal. Exh. P. A. further shows that the name of the applicant as General Secretary was notified to the employer on 23-7-74.

The only points argued before me are t4.at it was not a case of discharge, dismissal or termination but it was a case of resignation. On this point I believe the applicant that his resignation was obtained by show of force. He was elected as General Secretary. He did apply to the Registrar for registration of the Union. He also sent information to the employer about the formation of the Union.

It is unbelievable that he would have resigned willingly after being elected as General Secretary of the Union. No. question of resignation arises in this case. The document Exh. D. B. purporting to be resignation of the applicant was obtained without the free consent of the applicant.

For the above circumstances I hold that the removal or termination of service of the applicant was illegal, and so I hereby order that he shall be re instated with effect from 4-8-1974. I am not satisfied that any further proceedings are necessary in this case. In the heading sections b and 34 have been mentioned but with the exception of re-instatement no other relief has been sought in this case.

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