' The petitioner union is C. B. A. Respondent No, 1 union applied to the Registrar for the registration of the union but the Registrar refused. Appeal was lodged to the learned Punjab Labour Court No, 7, Gujranwala which was accepted and the Registrar was directed to register respondent No, 1 union and it was done. Respondent No, 1 union applied for referendum. The Registrar issued notice to the petitioner union. The petitioner union has challenged the order of the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala dared 2nd April, 1983, whereby the Registrar was directed to register respondent No, 1 union. The ground is that the members of respondent No, 1 union being the employees of Octroi Branch cannot take benefit of the Industrial Relations Ordinance, 1969 being employed in the administration of State. Since the petitioner union was not party to the application made to the Registrar for the registration of the union and to the appeal brought by respondent No, 1 in the Labour Court, it could not raise the objection now raised in the revision.
Section 3 of the Industrial Relations Ordinance, 1969 provides that the workers without distinction have a right to establish a union. The word 'workers' means employees who are covered by the definition of worker given in section 2 (xxviii) of the Industrial Relations Ordinance, 1969. The employees to whom the Industrial Relations Ordinance, t969 is not applicable, cannot be said to be workers as defined by the Industrial Relations Ordinance, 1969. In order to see if a particular employee is covered by the definition, his duties and wages are to be considered. Some members of respondent No, 1 union may be hit by section 1 (3) and some may not. So, the Registrar should have before rejecting the application for registration invited evidence. It was the duty of the Labour Court also to see before deciding the appeal if the Industrial Relations Ordinance, 1969 was or was not applicable to the members of respondent No, 1 union but it was not done. The order of the learned Labour Court impugned in this revision, therefore, is not maintainable.
2. As a result, the revision is accepted and setting aside the order of the learned Labour Court. The Registrar is directed to redefied the application for registration of respondent No, 1 union after inviting evidence. The petitioner will be party to the application of respondent No, 1 union for registration in the peculiar circumstances of the case and entitled to lead evidence on the relevant points. Till the petition is finally decided, the petitioner union shall continue to be C. B. A.