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Writ Petition No. 1477 of 1979, decided on 12th February 1980.

‑‑ S. 7 (2) (b) read with S. 10‑Trade Union ‑Registration‑‑Law saddles Registrar and Labour Court with responsibility for ensuring due compliance with provisions of Ordinance in regard to registration of a Trade Union‑Registrar may move Labour court for cancellation of registration of Trade Union in case of cantravention of any of provisions of Ordinance.

‑‑Art. 199 and Industrial Relations Ordinance (XIII of 1969), S. 7 (2)(b)‑Constitutional jurisdiction‑Question of fact‑Whether membership of Labour Union on date of its registration less than minimum number of members required under S. (2) (b) of Industrial Relations Ordinance‑A question of fact which may best be adjudicated upon by Labour Court after due notice to parties and summoning and/or examining or recording necessary evidence Question, held, not proper subject‑matter of proceedings under Art. 199 of Constitution.

Sh. Manzoor Ahmad for Petitioner.

Aitazaz Ahsan for Respondents.

Date of hearing : 12th February 1980.

This writ petition filed by Rustam Cycle Factory Mazdoor Union was admitted on 17th March 1979 for consideration of the petitioner grievance that permitting the registration of respondent No. 1 as a Trade Union under the provisions of the Industrial Relations Ordinance, 1969, the Registrar of Trade Unions, Lahore Region, respondent No. 4, violated the provision of clause (b) of subsection (2) of section 7 of the I. R. O. which enjoins that in the event of there being more than one registered Trade Union in the establishment or group of establishments or industry, a Trade Union shall not be entitled to registration unless the Trade Union applying for regis tration has as its members not less than 1/5th of the total number of work men employed in such establishment.

2. During the pendency of the writ petition the registration of the petitioner's Trade Union was cancelled by the Punjab Labour Court No. II by an order passed on 23 October 1979 which the petitioner claims was passed without notice to it.

3. The petitioner claims to have moved the Punjab Labour Appellate Tribunal against the de‑registration of the Trade Union but admits that no decision has so far been taken by the Appellate Tribunal. The learned counsel has not been able to satisfy me how the fact of registration sim pliciter' of respondent No 1 as a Trade Union under the provisions of Industrial Relations Ordinance, 1969 would prejudice the petitioner. In the context of its own de‑registration it hardly has any locus standi to present this petition. In fact the question of participation by the petitioner in a referendum for determination of a collective bargaining agent under section 22 of the Industrial Relations Ordinance, 1969 would arise only when the de‑registration order is vacated or the petitioner Union is registered afresh.

4. The law saddled the Registrar and the Labour Court with the responsibility for ensuring due compliance with the provisions of the Ordi nance in regard to registration of a Trade Union. Under section 10 of the Industrial Relations Ordinance, 1969, it is open to the Registrar to move the Labour Court for cancellation of registration of a Trade Union which has either contravened or has been registered in contravention of any of the provisions of the Ordinance or the Rules.

5. The fact whether: the membership of respondent No. 1 on the date oft its registration was less than minimum number oft members required by clause (b) of subsection (2) of section 7 of the I. R. O', is a question of fact which may best be adjudicated upon by the learned labour Court after due notice to parties and summoning and/or examining or recording the necessary evidence. To my mind this question ought to be taken before the Registrar and the Labour Court and would not be proper subject matter of proceedings under Article 199 of the Constitution.

6. If the registration of the petitioner Trade Union is restored, it, ought to approach the Registrar and satisfy him as to the bona fides of its contentions. It is then for the Registrar to move the Labour Court under section 10 of the I. R. O. to have the registration cancelled upon establish ment of the fact that the Trade Union was registered in contravention of the provisions of section 7(2) (b) of the I. R. O., 1969.

7. With these observations the writ petition is dismissed, but, in the circumstances of the case, there shall be no order as to costs.

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