1. This is an Appeal under section 11 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), against an order of the Registrar of Trade Unions, Peshawar Region, Peshawar, dated the 4th of April 1970, whereby he rejected the application of the appellant, Karimi Industries Ltd.
2. Workers' Union. The facts necessary for the disposal of this Appeal briefly put are these. The appellant made an application under section 10 for cancellation of the Registration of the respondent Union on number of grounds supported by affidavit. It is not necessary to mention the grounds for the purpose of disposal of this appeal. The admitted position is that the then Registrar issued a notice to the respondent-Union to show cause against the application made by the appellant. The respondent-Union made a reply to the allegations made by the appellant., further admitted position is that the Registrar after receiving the rep from the respondent-Union did not call upon ;the appellant to substantiate the allegations made by it for cancellation of the registration of the respondent-Union. It would. be useful to reproduce the order passed by the Registrar of 'fade Unions, Peshawar Region. It runs as under: "Reference your letter No. W/7 dated 10-3-1970 and subsequent reminder No. W 12 dated 4-4-1970, ---Your application referred to above has been considered by the undersigned and was rejected.
3. If you have any objection regarding the registration of the `Employees' Union, the best course for you is to apply to the Industrial Court and it is there, industrial Court which can accept or reject your application."
4. On the perusal of above order it would appear that the Registrar had no power to cancel the Registration. Registrar had the power under section 10 of the Ordinance to cancel the Registra-- tion under certain circumstance. The Registrar on the face ofrefused to exercise jurisdiction. The Registrar shout 1 stave called upon the appellant to substantiate the allegations that it had made against the respondent-Union a should have also given an opportunity to the respondent-Union to rebut the application made by the appellant. A perusal of the order would disclose that the learned Registrar has no applied his mind to the grounds urged by the appellant of cancellation of the Registration of the respondent-Union. The order is not a judicial one. He should have given opportunity to both the sides to lead evidence and then pass an order in accordance with law. For these reasons I would set aside the order of the Registrar dated the 4th of April 1970. As the question of referendum is still pending, I would order the Registrar to expeditiously dispose of the application of the appellant. Mr. M. S. Bukhari, the learned Advocate for the appellant is present, and Mr. Ibne-Ayub, Representative of the respondent --Union is also present. They have agreed to appear before the Registrar on the 18th of June 1970, at 9-00 a.m. Mr. Dilawar Khan, Assistant Director (Registration) is also present. He undertakes to inform the Registrar that the application of the repellent is fixed for disposal on the 18th of June 1970. Let the Assistant Director (Registration) have the record of the case to unable the Registrar to proceed with the matter. The Regis--trar to dispose of the application of the appellant within one week from 18th of June 1970. Both parties should be ready with their evidence on the l8th of June 1970.