' The petitioner/applicant challenged the judgment dated 30/9/2013 passed by learned District & Sessions Judge Presiding Officer Labour Court 1st Balochistan Quetta in case No. 16/2013 wherein according to petitioner his application/petition was not entertained properly per the prayer clause of the petition.
2. For disposal of this petition briefly stating the facts are that the petitioner/applicant approached the Respondent No. 2, the Registrar Trade Union for cancellation of the registration of Respondent No. 1 but no action has been initiated. Thereafter the petitioner/applicant approached the Learned Labour Court by means of petition/application under Section 12 (3. D) and Section 24 (2) of BIRA, 2010 with the following prayer, "It is, therefore, respectfully prayed that to save the rights of innocent Labours the registration of 'Agricultural Engineering Labour Union RTU. 382' may kindly be cancelled due to violation of rules of business and BIRA, 2010 and due to blackmailing the innocent Labours and misguiding of high-ups, in the interest of Justice, equity and fair play"
' After notice, framing issues and hearing of the parties the Learned Presiding Officer concluded as under, "that the Registration of Respondent No. 1, was made in hurry without considering the facts and figures. The act of Registrar Trade Union is not in accordance with Law and procedure given under Balochistan Industrial Relation Act, 2010. So it is declared void"
3. The learned counsel for petitioner/applicant only and mainly contended that when the registration of Respondent No. 1 was declared void by the Learned Presiding Officer resultantly only one union of petitioner/applicant remains in field. Therefore the order for conducting of referendum is not according with law. On the other hand the learned counsel for Respondent No. 1 strongly contended that his registration has not been cancelled for the reason, firstly that the word "void" is not meant for cancellation. Secondly the orders for conducting of referendum also support his contention with regard to non-cancellation of registration of union. The representative of Respondent No. 2 supported the judgment impugned and stated that the Registrar Trade Union obey the orders of the Courts whereas the representative of Respondent No, 3 appeared in the first round in the morning and thereafter during the course of arguments disappeared.
4. In view of material available on record and submissions made by the learned counsels for the parties . The only one point involved in instant appeal i.e. Whether when the registration of Labour union Respondent No. 1 was declared void than what will be the effect for conducting of referendum?
5. "void order" has been defined in a reported judgment 2003 M LD 22 as under, "Void order: A void order which is void ab initio is a nullity in the eye of law. No superstructure in the shape of right and title can be claimed on an order, which is patently void ab initio and without jurisdiction"
' According to above mentioned definition void order is an .Order passed in utter lack of jurisdiction or in excess of jurisdiction.
6. Furthermore according to another dictionary "void" has been defined "cancelled". In Black'S Law Dictionary Ninth Edition "void" has been defined, "Of no legal effect, null"
7. In view of above definition the Learned Presiding Officer in judgment impugned cancelled the registration of Respondent No. 1 but further directed that the referendum be conducted which is against the provisions of BIRA, 2010 for the reasons that when the registration of Respondent No. 1 declared void than only union of petitioner/applicant remained in field and no other union exist in the said establishment. Perhaps this fact has not been brought in the notice of Learned Presiding Officer. It is very interesting that Respondent No. 1 has not challenged the order impugned or filed cross objection to this extent till the moment.
8. Admittedly there is only one union of petitioner/applicant is registered according to provision of BIRA, 2010 and no other registered union exists in the establishment.
9. In this respect Section 24 sub-sections (1) & (2) are very relevant. Section 24 (1) read as under, ' Collective bargaining agent.--(1) Where there is only one registered trade union in an establishment or a group of establishments, that trade union shall if it has as its members not less than one-third of the total number of Workman employed in such establishment or a group of establishments or industry upon an application made in this behalf be certified by the Registrar in the prescribed manner to be the collective bargaining agent for such establishment or a group of establishments, or industry"
' Section 2 sub-section (2) state as under:- "Where there are more registered trade unions than one in an establishment or a group of establishments or industry, the Registrar shall upon an application made in this behalf by one-fifth of the total number of Workman employed in such establishment or group of establishments or industry or by the employer or the government, hold within fifteen days from the making of the application, a secret ballot to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment 'or group of establishments or industry"
' The provisions of BIRA, 2010 Section 24 sub-section (1) & (2) indicates that the referendum/secret ballot for determination of CBA is mandatory when there are more registered trade unions than one an establishment. After declaring the registration of Respondent No. 1 void than only one registered union exists and according to Section 24 sub-section (1) of BIRA, 2010 the referendum/secret ballot is not required.
10. In view of declaring the registration of Respondent No. 1 "void" by the Learned Presiding Officer in judgment impugned, meaning thereby that according to above definition the registration of Respondent No. 1 has been cancelled and subsequent direction for holding referendum is not according to provision of BIRA, 2010. Therefore the judgment impugned dated 30/9/2013 passed by Learned Presiding Officer Labour Court 1st Balochistan in case No. 16/2013 is set-aside.
Consequently appeal is allowed and parties are left to bear their own cost.
11. The copy of order along with original record of trail Court be sent to trial Court. Case after completion be consigned to record.
Appeal Allowed