---The Registrar, Trade Unions, Sargodha, is directed to hold an inquiry as to whether respondent No.1 Trade Union fulfils the requirement of law for registration and has the requisite membership of not less than 1/5th of the total number of workers employed in Rehmania Textile Mills, Jhang Road, Faisalabad. The inquiry shall be concluded within one month after notice to the parties concerned.--- ---Although the odds at present goes against Mazdoor Union as for statements of-56 workers is concerned. But in my opinion this does not matter as with the span of time there could be change in particular or in general. So, I hold that at the time of application for registration of union the total strength of the mills workers was 578 and the bona fide membership of 142 submitted by the Mazdoor Union at that time fulfilled the requirement of subsection (2)(b) of section 7 of Industrial Relations Ordinance, 1969.---
2. I have heard the learned counsel for the parties. There can be hardly any doubt that under section 7(2)(b) to earn registration the respondent must show that its membership is not less than 1/5th of the total number of the workmen employed in Rehmania Textile Mills, Faisalabad. The report dated 25-2-1986 amply demonstrates that the respondent has failed to satisfy this requirement of law. The inference drawn by the Inquiry Officer is wholly untenable and upon the facts disclosed by him in his report, he was wrong in maintaining that respondent enjoyed the support of 142 workmen. There was no valid reason for such a conclusion.
3. The report has to be read as a whole. But the Registrar Trade Unions Sargodha despite his feelings that the respondent did not qualify for registration proceeded to act upon the last paragraph of the report and allowed the registration in dispute. Before me the learned counsel for the respondent, who is accompanied by the President of the Union, willy-nilly had to agree that the strength of the workmen affiliated with Mazdoor Union is far below 1/5of the total strength of the workmen of the Mill. In these circumstances the registration granted to the respondent cannot be sustained.
4. For the foregoing reasons this writ petition is accepted and the impugned order declared to have been passed without lawful authority and of no legal effect. Consequently, the registration of the respondent. Union stands cancelled. The parties are left to bear their own costs.