' SHAHID ANWAR BAJWA, J.--- Trade Union under the name of Naveena Export People Workers Union was registered by the Registrar Trade Union on 23-5-2004. Petitioner/employer wrote a letter to respondent No,2 stating therein that nine individuals whose names appeared in the memo. Of petition in Case No,4A(25) of 2008-K filed before NIRC are complete strangers to the company and none is employee of the company. Registrar was requested to attend to this issue in line with the said factual position regarding status of employment of persons claiming to be the employees. On July 1, 2008 Registrar issued notice under section 20(2) of Industrial Relations Ordinance, 2002 for determination of collective bargaining agent. Letter dated July 4, 2008 was written to the Registrar and it was stated in this letter registration of a trade union in the name of Naveena Export Peoples Workers Union had been effected in contravention of law.
2. This constitution petition has been filed with a prayer that the Court may be pleased to cancel the impugned certificate of registration of the Naveena Export Peoples Workers Union and suspend proceeding for determination of C.B.A. This petition came up for hearing on 11-7-2008 and status quo was ordered to be maintained. C.M.A. No,2254 of 2004 being an application under Order I, rule 10, C.P.C. Was filed on behalf of Naveena Export Peoples Workers Union. Notice of this application was ordered and vide order, dated 31-8-2009 this application was allowed. On 16-11-2009 Mr. Shoa- un-Nabi, Advocate appeared for the intervener made respondent No,4 and sought adjournment as he wanted to prepare the brief. Arguments of petitioner were heard on 20-10-2009. Mr. Shoa-un- Nabi requested for adjournment. It was adjourned to 21-10-2009 on which date Mr. Shoaun-Nabi stated that he wanted to file some documents as well as objections. It was ordered that he may do so in office within a week's time. On 2-11-2009 Mr. Shoa-un-Nabi was absent and in the interest of justice the matter was adjourned to 16-11-2009. On that day Mr. Shoa-un-Nabi was again absent.
Consequently, arguments were heard ex parte.
3. In its comments it was submitted on behalf of Registrar Trade Unions that when application for registration was received Registrar wrote letter to the petitioner/company to submit list of workmen employed by it and number of trade unions but petitioner/company deliberately and intentionally did not submit the required worker's list.
4. Scope of interference by the employer in matters relating to registration of trade union and maintainability of writ petition has been summarized by this Court in Messrs International Textile Limited v. Registrar of Trade Unions/Constitutional Petition No,S-75 of 2009 in the following words:-- - "(10) The principles that seem deducible from the above case-law appear to be as follows:---
(i) Law relating to Trade Unions has to be liberally and beneficially construed. This principle must irrigate every vein of industrial and labour law and much more so in case of law relating to Trade Unions because Trade Unions are one facet and just one sprout of freedom of association which right is enshrined in Article 17 of our Constitution.
(ii) The Registrar cannot act mechanically and he must first conduct inquiry to satisfy himself as to meeting of various conditions and requirements laid down in respect of Registration by the Industrial Relations Act, 2008.
(iii) The question whether a proper inquiry was held or not is a jurisdictional fact which can be gone into by High Court in exercise of constitutional jurisdiction and even if it was not possible for the High Court to itself embark upon an enquiry in that regard, the matter could be referred to relevant Authority for further inquiry of the matter or to the Registrar for further inquiry. However, no hard and fast rule had been laid down in respect of directing the manner in which inquiry is to be conducted by the Registrar.
(iv) Nothing contained in the Industrial Relations Act prevents the Registrar from seeking assistance either from the employer concerned or the Union or Unions formed by the workmen in the same establishment. However, the Registrar is not duty bound to seek assistance either from the employer or from such Unions.
(v) Matter of registration is always between the Union applying for registration and the Registrar and others including pre-existing registered trade unions and employers' would have no say in the matter.
(vi) Neither the employer nor a trade union already existing in the same establishment can claim locus standi to challenge the decision of the Registrar merely on the ground that no opportunity of hearing was provided to it or an objection raised by it before the Registrar was not considered before such decision.
(vii) If a Trade Union is registered there is no immediate or direct injury caused by the order of registration to the employer .Or other trade union or unions. Since being an aggrieved party is the prerequisite and condition precedent for maintaining a constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, neither the employer nor any other union or unions can be, at least, in law considered aggrieved person so as to hold them entitled to maintain a grievance petition against mere act of registration of a trade union. However they have a right to bring any contravention of relevant legal provisions to the notice of the Registrar. Apart from that no legal right of the employer or any other union or unions is infringed by the act of registration.
(viii) An Industrial dispute under the provisions of the Act of 2008 can only be raised by Collective Bargaining Agent. No doubt a registered Trade Union under section 24 'of the Act can aspire to become a Collective Bargaining Agent but not without notice to the employer and when that occasion arises, the employer can certainly raise the objection as to the legality of the registration of the Union and mere registration of Trade Union will not preempt employer from raising appropriate objection as to its legality or that its members are not workmen. Thus, both the employer as well other union or unions have locus stand to challenge registration of a Trade Union but at the time Registrar initiates steps for determination of Collective Bargaining Agent. They cannot do so at any earlier stage. At that stage when challenge is raised all legal objections including objection as to applicability of the Act of 1968 as well as to legality of registration of the Trade Union."
5. It is in the light of the above principles that this writ petition has to be decided. Since after issuing certificate of registration, Registrar Trade Unions has started process for determination of Collective Bargaining Agent, this writ petition is held to be maintainable.
6. This is a question of fact whether the said 11 persons are or are not employees of the petitioner/company. This question of fact cannot be decided in this constitution petition. Employer has written two letters to the Registrar of Trade Unions. It is the duty of Registrar of Trade Unions to attend these two letters. In the comments filed by Registrar, Trade Unions there is no statementas to what was done in respect of these letters. Therefore, as a first step Registrar should attend to their letter dated July 4, 2008 written by the Advocate for petitioner/company to respondent No,3.
Respondent No,5 shall decide upon these letters an accordance with the law.
7. But the p1oblem does not end there, once Registrar has registered a Trade Union matter travels beyond the Registrar. He has no power to recall such certificate of registration: Therefore, if after having registered a trade union, Registrar comes to the conclusion that registration of the Trade Union has been effected in contravention of any of the provisions of. The law. Registrar can do nothing but file complaint before the concerned Labour Court under section 12 of the Industrial Relations. Act, 2008. Therefore, if after considering the letters, She Registrar shall pass a speaking order. If he comes to the conclusion rather then judicial determination, that trade union has been registered in contravention of the law, he shall file a complaint before the concerned Labour Court.
On the other hand if the Registrar comes to the conclusion that the union has been properly registered in accordance with the law, he shall communicate his decision to the employer. Till decision by the Registrar on letter dated July 4, 2008 written by the Advocate for the employer proceedings for determination of Collective Bargaining Agent are stayed. This writ petition is disposed of in the above terms.