MAULVI ANWARUL HAQ, J. --- This writ petition questions the order dated 28.7.2007 registering the respondent No 4-Trade Union and further a direction to the respondent No. 2 Registrar to examine the record and determined the veracity of the documents filed with the registration application.
2. Learned counsel for the petitioner contends that the impugned order is illegal and non-speaking and as such is liable to be set aside. Relies on the cases of Messrs Kohinoor Tea (Pvt.) Ltd., through Managing Director v. Registrar of Trade Unions, Karachi and 2 others (2000 PLC 1) and United Bank Limited Labour Union v. Registrar of Trade Unions, Government of Sindh and 3 others (1992 PLC 78). Learned A.A.G. With reference to the records brought by the respondent No. 2 who is present in Court states that the order has been passed after application of mind and an inquiry as also dealing with the objections filed on behalf of the petitioner. Learned counsel for the respondent No. 5 supports the prayer made by the petitioner while learned counsel for respondent No. 4 Union supports the impugned order arguing that this is lawful.
3. I have gone through the several documents, appended with this writ petition as also records brought by the Registrar. The primary objection of the petitioner is that the forms available at pages 33 to 56 of the paper book are incomplete and this fact alone goes to demonstrate the non- application of mind by the Registrar. In fact, it is being stared that the. Forms are bogus and do not bear the signatures or thumb-impressions of the persons mentioned in the forms.
4. I have examined the said forms. I find sufficient detail's present therein including the name and parentage as also the department and the token number. I confronted the learned counsel as to whether any one of the said persons had come forward with the complaint that he had not filed the form. The answer is in the negative. There is no allegation that these persons are not the workers of the establishment and not entitled to be members of the Union. The record brought by the respondent-Registrar shows that this matter was attended to by him' in the light of the objections filed by the petitioner.
5. I, therefore, do find that the matter was duly inquired into. Needless to state that the respondent No. 4- Union in a contest with the petitioner and respondent No. 5-Unions had won the referendum conducted in the establishment.
6. So far as the said judgments being relied upon by the learned counsel for the petitioner are concerned, these proceed on their on facts. To my mind, the present case is fully covered by the dictum of the Hon'ble' Supreme Court of Pakistan in the case of Essa Cement Industries Workers' Union. v.
Registrar of Trade Unions, Hyderabad Region, Hyderabad and 4 others (1998 SCM R 1964). The writ petition accordingly is dismissed but without any order as to costs.