' JAMAL KHAN MANDOKHAIL, J.--- This Constitutional petition has been presented against the certificate of registration dated 2-4-2009, issued by respondent No,1 in favour of respondent No,2.
2. Briefly stated facts of the case are that, the petitioner has a factory at Hub with the name and style of "Procter and Gamble Pakistan Pvt. Ltd," which hires workers under its establishment. The workers have formed a union with the name as "Proctor and Gamble Pakistan Employees Union, Hub District Lasbella," and applied for registration of the union before Registrar, Trade Union Balochistan, Quetta (respondent No,2), who has registered the union through the certificate mentioned hereinabove, hence this petition.
3. Learned Counsel for the petitioner submitted that the Procter and Gamble Pakistan Pvt. Ltd. Has an establishment in different places of the Country, therefore, a Trade Union in such an establishment cannot be registered by Registrar, as he has the jurisdiction only in respect of trade union of Provincial establishment. According to him, the certificate issued by respondent No,2 is not only without jurisdiction, but is also contrary to the provisions of Industrial Relations Act, 2008.
4. Learned counsel for respondents has vehemently opposed the contention put forth by counsel for petitioner and has stated that, trade union in question has been established only for the workers of District and it has no membership in any other province, therefore, the Registrar has got.Authority to register the union. At last, he has raised an objection about maintainability of the petition.
5. We have heard learned counsel for the parties and have perused the record, as well. Petitioner mainly contended that, since the Proctor and Gamble Pakistan Pvt. Ltd. Has its branches and offices at different Provinces, therefore, registration of its trade union anywhere in the country can be done by the National Industrial Relations Commission. It is important to mention here that there is no embargo upon any trade union to form its union at a single establishment in a case, where there are different firms, offices, industries at different places. Actually, there is a distinction between a trade union at provincial level and trade union of the establishment in more than a Province. The trade union, which extends to more than a province, is called the Industry Wise Trade Union. It means those trade unions, whose membership extends to more than one Province, are to be registered by the National Industrial Relations Commission.
' A trade union, membership of which does not exceed a specific province, such trade union does not come within the definition of industry-wise trade union, irrespective of the fact that such establishment has its branches and offices in other Province, as well.
' The Act has empowered the Registrar to register a trade union under section 9, and thereafter, to issue certificate of registration in the prescribed form. Respondent No,3 has applied for the registration of the trade union to respondent No,2, who, after fulfilment of all requirements, has issued the certificate in question.
' After going through same, there is nothing on record showing that, membership of the union has been extended from Province of Balochistan to any other Province, thus, apparently, respondent No,3 is union only for Balochistan province, therefore, the Registrar has got ample jurisdiction to register the trade union and issue such certificate. ' Learned counsel for petitioner has relied upon a judgment reported in 2007 PLC 345, which is not helpful to petitioner. Thus, keeping in view the fact that the trade union of respondent No,3 is confined only to Province of Balochistan, therefore, the Registrar Trade Unions was competent in issuing the certificate in question. Learned counsel for petitioner has failed to point out any jurisdictional defect in the order/certificate, therefore, we are not inclined to interfere into the same.
6. In view of what has been discussed hereinabove, the petition, being devoid of any merits, is hereby dismissed.