' The two revisions captioned above give information that the order dated 16-3-1983 passed by the learned Presiding Officer, Punjab Labour Court No, 4, Faisalabad is illegal.
2. There are in all four unions in Kohinoor Textile Mills, Faisalabad. Out of the four one is the workers and staff union. The dispute is between the office-bearers of the said union. On 24-9-1982 an interim election of office-holders of the said union was held in which Begum Sabiha Shakeel was elected as the President and Raja Muhammad Rafiq as the General Secretary. On 10-10-1982 Muhammad Idrees, ex-President, made application to the Registrar Trade Unions for the cancellation of the certificate of registration of the Workers' and Staff Union on the ground that the membership of the union had come to end and the union had ceased to exist. By that time the application for holding a referendum for the determination of C.B.A. Had been received by the Registrar. He, therefore, deferred the consideration of the question of the cancellation of registration of the Workers' and Staff Union on the ground that in the referendum the matter would become clear about the existence or otherwise of the said union. Referendum was held and the Workers' and Staff Union won it and became the C.B.A. Thereafter, the Registrar approved the interim elections referred to above. Muhammad Idrees and Muhammad Amin appealed to the learned lower Court for setting aside the approval of the interim election and for the cancellation of the Workers' and Staff Union's certificate. The learned lower Court directed the Registrar to decide the application of Muhammad Idrees for the cancellation of the registration of the Workers' and Staff Union. The Registrar was also directed to hold fresh interim elections under his supervision.
The direction is not happily worded but it appears that the learned lower Court meant to say that if there was no case of cancellation of the registration of the Workers' and Staff Union, then fresh interim elections should be held.
3. Both the directions in the circumstances of the case do not appear to be justified. Since the Workers' and Staff Union has admittedly won the referendum and has become C.B.A. And the said referendum has not been challenged by anybody, it is clear that not the said, union exists but is strong and popular enough to have won the referendum. There is no evidence circumstantial or otherwise to the effect that the said union has ceased to exist. So, the direction is set aside.
4. So far as the interim election is concerned, firstly it was only an interim and secondly it was for the remaining period of 1982. Since the year for which it was held was passed, it was unnecessary and futile to set aside the approval and direction for holding fresh election under the supervision of the Registrar. It has been disclosed by the parties during the arguments that annual elections have also been held and the question of its approval is subjudice before the Registrar. On account of such a development it in all the more not necessary to hold interim elections of 1982 again. If there is anything wrong in the annual elections already held, the Registrar has to look into it and, thereafter, the learned lower Court would see if the matter comes to it
5. As a result, the petition of Muhammad Idrees for cancellation of the registration of the Workers' and Staff Union is dismissed and setting aside the direction of the learned lower Court given to the Registrar to hold fresh elections of 1982 under his supervision, the order of approving the interim election is restored. The revisions are disposed of accordingly. Ch. Abdul Wahid, General Secretary of the Workers' and Staff Union has applied for being impleaded as party. In the circumstances of the case it is not necessary.