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Application No. KAR‑37 of 1982, heard on 3rd February; 1982.
‑--S. 8(3) ‑Registration of a Trade Union by Registrar under orders of Labour Court‑Cannot be challenged by employer on objection that workers were not its employees‑Employer can raise objection as to legality of registration of Union including objection that Union does not have at least one‑third of total number of work men employed by it an members of the 'Union when the Union seeks to be declared as Collective Bargaining Agent.
Bata Shoes Company v. Registrar of Trade Unions, Sind and 2 others P L D 1978 Kar. 569 rel.
Syed Naeem Bukhari for the Company.
Shafiq Qureshi for Workers' Union.
Jehangir Azar, Assistant Director for Director Labour.
Date of hearing: 23rd February, 1982.
The record and proceedings in application No. I of 1982, Trollope Colls Cementation Overseas Ltd., Workers' Union v. Registrar, Unions culminating in the judgment passed by the learned 1lnd Labour Court on 1st February, 1982 directing the Registrar of Trade Unions to register the Trollope Coils Cementation Overseas Ltd. Workers' Union, was called for in exercise of the sue motu powers of revision of this Tribunal, to examine the legality, correctness and propriety of the said order The main ground on which this exercise was entered into was that whereas the Workers' Union claims that they are the employees of the Trollope Coils Cementation Overseas Limited, the company's case is that the workers are in fact employees of the Agha Khan Foundation and Projects. On 17th February, t982 the learned counsel for the Agha Khan Founda tion and Hospital appeared before this Tribunal and made a statement that the Agha Khan Foundation and Hospital were not desirous of being made a party to these proceedings as it is not their claim that they are the employers of the workers employed by the Trollope Coifs Cementation Overseas Limited who wish to form a Union of workmen.
2. Apart from the above statement made by the learned counsel for the Agha Khan Foundation and Hospital, the claim of Trollope Coils Cementation Overseas Ltd., that the workers employed in the project are in fact the employees of the Foundation can be appropriately gone in to if the company were to be made a party to the registration proceedings before the Registrar. However, it was held by a learned Single Judge of the Karachi High Court in the case of Bata Shoe Company v. Registrar, Of Trade Unions, Sind and two others (P L D 1978 Kar. 569) that there is neither any rule in law nor is it the requirement of natural justice for challenge by the employer in proceedings for registration of a union. It was, however, observed in that case that when a Registered Trade. Union seeks to be declared as the C. B. A. the employer can certainly raise the objection as to the legality of the registration of the Union or that the Union does not have its members at least one‑third of the total number of workmen employed in the establishment. The principle enunciated in the above decision was followed by this Tribunal in the case of United Distributors Limited v. Employees' Union. In the recent decision of the High Court, being Constitutional Petition No. S‑60 of 1979, decided on 27th January, 1982 the Karachi High Court, relying on its earlier decision in the case of Bata Shoe Company, held that there was no room in law for any challenge by employer considering himself affected by the decision of the Registrar in favour of a Trade Union and, therefore, notice to employer was not contemplated by law.
3. In view of the above decisions, it would appear that the issue raised by the company in the instant case cannot be considered at this stage as it has no right to challenge the mere registration of the union by the Registrar under the orders of the Labour Court. Of course, a observed to the case of Bata Shoe Company, when the Worker's Union seeks to get itself declared as the C. B. A., the employer can raise objections to the legality of the registration of the Union, including the objec tion that it does not have as its members at least one‑third of the total number of workmen employed in the establishment.
4. With the above observation, the sun main revision stands disposed of.
Revision disposed of.
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