' IJAZ AHMED CHAUDHRY, J.---This petition, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, has been filed for leave to appeal against the judgment dated 13-9-2013 passed by a learned Single Judge of the Islamabad High Court, through which Writ Petition. No,3472 of 2013 filed by the petitioner - Union has been dismissed.
2. Brief facts of the case are that respondent No,3 "All Pakistan WAPDA Hydro Electric Workers Union", through its President and General Secretary, submitted an application for its registration as Industry-Wise Workers Union before the National Industrial Relations Commission Islamabad. The registration office was directed to examine the record and submit its report. Registrar Trade Unions (RTU)/Member NIRC, after examining the report, vide order dated 16-1-2013 observed that applicant union had fulfilled the requirements of sections 7 and 8 of I.R.A., 2012, and accepted the application thereby registered it with the Commission as Industry-wise trade union. Against the said order petitioner - WAPDA Employees Pegham Union filed an appeal before the NIRC Commission, Islamabad under section 12 of the Industrial Relations Act, 2012 which was dismissed vide order dated 22-7-2013. The petitioner - Union then approached the Islamabad High Court, Islamabad by filing a writ petition which has also been dismissed vide the impugned order dated 13-9-2013, hence this petition.
3. Learned counsel for the petitioner contends that application was moved for registration by respondent No,3 All Pakistan WAPDA Hydero Electric Workers Union on 5-1-2013 for registration of the Union, which was accepted on 16-1-2013 in violation of sections 7 and 8 of the Industrial Relations Act, 2012 in a haphazard manner and without complying with the provisions of law; that there were allegations against the Registrar Office that it was registering the unions after taking bribe and malpractices were being carried out in the office of the Registrar of the Trade Unions; that according to Annexure C-1, the date of 26-11-2012 was fixed for approval of the constitution of the Union by the General Body of the respondent Union but it was shown to have been approved on 20-11-2012, six days before the fixed date; that the Registrar has not taken into consideration that the documents attached with the application were bogus; and that the formation of the union was without any basis, therefore, the registration is liable to be set aside and direction may be issued to the Registrar to hold an enquiry in this regard.
4. Learned counsel appearing for respondent No,3 has opposed this petition on the ground that Registrar, under section 9(1) of the I.R. Act, 2012 was appointed to register the Union within seven days; that all the requirements were fulfilled and the Registrar had rightly registered union; that Referendum for determination of Collective Bargaining Agent (CBA) in the establishment of WAPDA and its allied companies held on 29-5-2012 and respondent No,3 has secured 77095 votes as against the petitioner union which has obtained 39531 votes as such Referendum has been won by the respondent No,3 with overwhelming majority; that the petitioner has also lost the previous four referendums and he wants to defeat the respondent No,3 on technical grounds which are not available in the present case.
5. We have heard learned counsel for the parties and have gone through the impugned judgment as well as the documents on record.
6. The High Court in the impugned judgment, about the allegations levelled by the petitioner to the effect that there was corruption in the office of the Registrar of Trade Unions and he was not competent to pass the order regarding acceptance of the application and the elections held by respondent No,3 were forged and bogus, has held as under:-- "(2) Learned counsel for the petitioner submitted that the order of the Registrar Trade Unions was based on malice as there is corruption in the office of the Registrar Trade Union. The Registrar Trade Unions was not competent to pass the order regarding acceptance of the application. The election held by respondent No,3 was fraud and bogus. The constitution of the union was not placed before the members of respondent No,2 and even that constitution was not followed. All these facts were brought to the notice of Registrar Trade Unions, but no action was taken regarding these facts and the appeal was also dismissed.
(3) The points raised by learned counsel for the petitioner are all factual controversies and the same cannot be resolved in the writ jurisdiction. There is nothing on record to show that the order was void or without jurisdiction.' No illegality has been pointed out. So finding no force in this writ petition, the same is hereby dismissed in limine."
7. We have gone through the relevant provisions of the I.R. Act with the assistance of the learned counsel for the parties. Sections 7, 8 and 9 of the I.R. Act, 2012 are reproduced hereunder for the sake of convenience:
(7) Requirements for application.---Every application for registration of Trade Union shall be made to the Registrar and shall be accompanied by--
(a) a statement showing,
(i) the name of the trade union and the address of its Head Office;
(ii) date of formation of the union;
(iii) the titles, names, ages, addresses and occupations of the officers of the trade union;
(iv) statement of total paid membership;
(v) the name of the establishment or group of establishments, or the industry, as the case may be, to which the trade union relates along with a statement of the total number of workers employed therein;
(vi) the names and addresses of the registered trade unions in the establishment group of establishments, or industry, as the case may be to which the union relates; and
(viii) in case of a federation of trade unions, the names, addresses and registration number of member-unions;
(b) three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the Chairman of the meeting;
(c) a copy of the resolution by the members of the trade union authorizing its President and the Secretary to apply for its registration, and
(d) in case of a federation of trade unions, a copy of the resolution from each of the constituent unions agreeing to become a member of the federation.
(8) Requirements for registration.---(l) A trade union shall not be entitled to registration under this Act unless the constitution thereof provides for the following matters, namely--
(a) the name and address of the trade union;
(b) the objects for which the trade Linton has been formed;
(c) the purposes for which the general funds of the union shall be utilized;
(d) the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy five percent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry for which the trade union has been formed: ' Provided that the condition of being employed in any establishment or an industry as aforesaid shall not apply to the remaining twenty-five percent of the members of such executives;
(e) the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;
(f) the maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;
(g) the manner in which the constitution shall be amended, varied or rescinded;
(h) the safe custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection of the account books by the officers and members of the trade union;
(i) the manner in which the trade union may be dissolved;
(j) the manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon his election or re-election;
(k) the procedure for expressing no confidence in any officer of the trade union; and
(1) the meeting of the executive and of the general body of the trade union so that the executive shall meet at least once in every three months and the general body at least once a year:
(2) Without prejudice to the provisions of subsection (1), a trade union of workmen shall not be entitled to registration under this Act--
(a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; Explanation.---For the purpose of this clause, a dismissed, terminated or retrenched worker, whose dismissal, termination or retrenchment is pending adjudication before a court of competent jurisdiction, shall be deemed to be an employed worker of that establishment, and
(b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may be
(9) Registration.---(1) On receipt of application for registration, the Registrar shall ensure compliance of sections 7 and 8 of this Act, and issue the registration certificate in the prescribed form within seven days.
(2) In case the application has been rejected or a certificate of registration has not been issued within a period of seven days as provided in subsection (1), as the case maybe, the trade union may appeal to the Commission who, for reasons to be stated in its judgment, may pass an order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.
(3) Notwithstanding anything contained in any other provision of this Act, every alteration made in the constitution of a registered trade union and every change of its officers shall be notified by registered post by the trade union to the Registrar within fifteen days of such change.
(4) The Registrar may refuse to register such change or alteration if it is in contravention of any of the provisions of this Act, or if it is in violation of the constitution of the trade union.
(5) Subject to the provision of subsection (4), every inclusion or exclusion of any constituent unit of a federation of trade unions shall be notified by registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.
(6) In case there is a dispute in relation to the change of officers of a trade union, or any trade union is aggrieved by the refusal of the Registrar under subsection (4), the Registrar may, after satisfying himself that a dispute exists, hold fresh elections under his supervision."
' Bare perusal of sections 7 and 8 reflects that certain documents were to be attached with the application for registration of Trade Union and claim of respondent No,3 is that all the requisite documents were attached with the application, Registrar was appointed under section 9(1) of the I.R. Act, 2012 and he has issued the registration certification in accordance with law. The Registrar has held that all the documents were in order and has registered the union, but, the petitioner has levelled only bald allegations against the work of the registrar office which is not supported by any documentary evidence. Adverting to the submission of learned counsel for the petitioner to direct the Registrar Trade Unions to hold an enquiry, this Court, in the case of Messrs Hakimsons Chemical Industries (Pvt.) Ltd. v. The Registrar of Trade Unions (West). Government of Sindh (1999 SCM R 234), has held as under:- "In our view, the law does not envisage any full-fledged inquiry. The question as to whether factually the members of respondent No,2 trade onion were employees or workers of the petitioner can again be agitated by the petitioner at the time of referendum for electing a Collective Bargaining Agent in terms of section 22 of the I.R.O. If respondent No,2 union would not have the required number of the workers as its member, it would not be able to participate in the election of Collective Bargaining Agent."
'In the instant case, after registration of respondent No,3 as union, a B referendum has been held for the election of Collective Bargaining Agent and the respondent union has obtained 77095 votes, while the petitioner union has obtained 39531 votes, as such the respondent-union has been elected by the electoral/voters with thumping majority as Collective Bargaining Agent (CBA).
8. As far as the contention of learned counsel for the petitioner that the date of 26-11-2012 was fixed for approval of the cOnstitution of the Union by the General Body but it was shown to have been approved on 20-11-2012, six days before the fixed date, learned counsel for the respondent - union has denied this allegation and stated that actual date for approval of draft constitution of the Union was fixed as 20-11-2012 and not 26-11-2012 and it was a typographical mistake as the meeting was held on 20-11-2012 and the constitution was approved by the General Body as such all the documents attached with the application were in order before the Registrar NIRC and the learned High Court has C rightly held that these are the factual controversies which cannot be resolved by the High Court. Learned counsel for the petitioner has failed to show any illegality or improbability in the impugned order warranting interference by this Court under Article 185(3) of the Constitution of the D Islamic Republic of Pakistan, 1973. This petition is, therefore, dismissed and leave is refused.