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Application No.10 of 1975, decoded on 2nd January, 1975.

S. 22(1)-Certification as Collective Bargaining Agent-Function of Registrar-Not to be interfered with by Labour Court.

The Labour Court is not competent to interfere into the jurisdiction 4 the Registrar. It is the sole function of the Registrar to issue or to refuse issuance of a certificate, declaring any Union as C. B. A. This power is given to the Registrar under section 22(1) of the Industrial Relations Ordinance, 1969. There is nothing in the provisions of this section that the Labour Court is competent to interfere into the duties of the Registrar. Moreover, there can be one Trade Union in an establishment or a group of establishments, even then there can be one Trade Union, it can be registered and the same can be declared as C. B. A. by the Registrar.

A. M. Khan for Petitioner.

This is an application under section 34 of the Industrial Relations Ordinance, 1969, filed by Muhammad Iqbal, Managing Director, Ghulam Hosiery No.1, Gurunanakpura, Lyallpur. The relief claimed in this application is that the Registrar, Trade Union, may be directed to annul the certificate issued to the Union, declaring to be C. B. A. It was further prayed that the Registrar may be directed to declare the said Union as C. B. A. of either of the factories known as Ghulam Hosiery No.1 and Ghulam Hosiery No. 2.

L,xj The establishment known as Ghulam Hosiery, was registered as a factory under the Factories Act in March 1971. It is alleged by the petitioner that this factory was bifurcated into two factories in the names of Ghulam Hosiery No.1 and Ghulam Hosiery No. 2. The workers formed a Union on 11^th January 1975, and applied to the Registrar of Trade Unions, Sargodha Region, Lyallpur to declare it as C. B. A. The Registrar issued a certificate on 21st January 1975, declaring the said Union as C. B. A. It was mentioned in the certificate that the Union known as Ghulam Hosiery Labour Union, Lyallpur was the C. B. A. in respect of a group of establishments known as Ghulam Hosiery, Gurunanakpura, Lyallpur. Obviously, the said certificate makes it clear that the Union is C. B. A. for both the units of Ghulam Hosiery. The grievance of the petitioner is that the Registrar was not competent to declare one Union as C. B. A. for both the factories. In these circumstances, it is prayed that the certificate issued by the Registrar may be annulled.

The Labour Court is not competent to interfere into the jurisdiction of .the Registrar. It is the sole function of the Registrar to issue or to refuse issuance of a certificate, declaring any Union as C. B. A. This power is given to the Registrar under section 22 (3.) of the Industrial Relations Ordinance, 1969. There is nothing in the, provisions of this section chat the A Labour Court is competent to interfere into the duties of the Registrar. Moreover there can be one Trade Union in an establishment or group of establishments, even then there can be one Trade Union, it carp be registered and the same can be declared as C. B. A. by the Registrar.

The petition does not disloso any cause of action. Accordingly, hereby dismissed

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