1. ' The petitioner a banking company has filed this petition under Article 199 of the Constitution with the grievance that the respondent No,2 was registered as a Trade Union by the respondent No,1, Registrar of Trade Union on 26-5-1991, under the provisions of repealed I.R.O.
2. 1969. The petitioner's plea is that under section 2(2) of the I.R.O. 1969 (hereinafter referred to as the repealed Ordinance), the definition of Trade Union included combination of employers and consequently a Trade Union of the Officers could also be registered in the capacity of employers.
3. However, under the I.R.O. 2002, the definition of Trade Union contained in section 2(29) is restricted to the combination of workers only and in the new law there is no concept of any Trade Union of the employers/officers. The petitioner has averred that after promulgation of I.R.O. 2002, an application dated July 28th, 2003,was submitted on behalf of the petitioner to the respondent No,1 with a prayer that in view of the change in law and repeal of I.R.O. 1969, the Certificate of Registration granted to the respondent No,2 may be recalled and cancelled. The respondent No,1 did not pass any order consequently another application dated October 8th, 2003 was submitted to the. Respondent No,1 again requesting to recall the Certificate , of Registration, by recourse to the provisions contained in section 12 of I.R.O. 2002, as according to petitioner with the change in law - the respondent No,2 has ceased to exist. This application is also lying unattended and the respondent No,1 has not passed any order.
4. ' The petitioner through this petition has prayed to direct the respondent No,1 to perform his function as provided in law and pass an order recalling the Registration of respondent No,2 by recourse to the provisions contained in I.R.O.
5. 2002. In the alternative it is prayed that the respondent No, I should file the complaint in terms of section 12 of I.R.O.
6. 2002.
7. ' After hearing learned Advocate for the parties at some length the learned A.A.G. Has prepared that the petition may be disposed of with the direction to. The respondent No,1 to dispose of all the applications submitted by ' petitioner before the respondent No,1 praying for cancellation of Certificate of Registration granted to the respondent No,2 in accordance with the law.
8. ' The petition is, therefore, disposed of with the direction to the respondent No,1 that all the applications submitted by petitioner praying for cancellation of the Certificate of Registration granted to the respondent No,2 be disposed of after giving opportunity of being heard to all the parties concerned and by an speaking order within a period of one month from today. Mr. Muhammad Bux Joyo, Assistant Director Registration in the office of Registrar of Trade Unions is present in Court today and he is directed to intimate the Registrar of Trade Unions of the above directions made by the Court. The Advocates for the petitioner and respondent No,2 are directed to appear before the respondent No'. I on 20th of May 2004, for arguments on the application submitted by the petitioner and pending before the respondent No,
1. The learned counsel for the respondent No,2 has stated that he has received the copies of all the applications submitted by petitioner before the respondent No 1. Consequently the Registrar should hear the arguments on applications on 20th of May, 2004 and pass the orders within a period of one month as directed above.
9. ' The listed applications have been rendered infructuous and stand disposed of accordingly.