1. Registrar of Trade Unions, Hyderabad sought the cancellation of Dada Bhoy Cement Industries Mazdoor Union under section 10(1) of I. R.O. 1969 by filing the present application on 31-3-1986. It is the case of the applicant that this union was registered on 7-12-1985. On 12-1-1985 (should be 1986) the management is said to have retrenched 8 office-bearers of this union. Against their retrenchment, Ghulam Shabbir, its General Secretary, approached the N.I.R.C. For seeking a direction for taking them on duty. Such direction was accordingly issued but subsequently by order, dated 4-2-1986 this order was modified to the effect that the workers should not be allowed to enter the factory but they would be paid their wages till final disposal of the case. It appears that on 9-2-1986 the petitions of the Union was dismissed and then by letters, dated 23-2-1986 and 9- 3-1986, its rival workers union approached the applicant for cancelling registration of Mazdoor Union on the ground that after retrenchment it became an illegally constituted body. Accordingly, a notice dated 16-3-1986 was issued to the Mazdoor Union. In reply to this notice, this union denied the allegations of the applicant and then it approached this Court for the cancellation of registration of this Union.
2. Before this application could be finally heard the rival union viz. Dada Bhoy Cement Industries Workers Union made an application under Order 1, Rule 10, C. P. C ., for impleading it a party to this application, it was allowed.
3. I have heard Mr. Nadir Khan, Assistant Director Labour (Registration) for the applicant, and Mr. M.
4. Bashir Awan, Advocate for Mazdoor Union. In the beginning one application by M. Hussain Daudani, was moved today on behalf of Mr. M. Ishaque Abbasi, counsel for Workers Union, for adjournment on the ground that Mr. Abbasi had gone to Karachi. This application was rejected and so seen thereafter Mr. Abbasi also appeared and he has also been heard. The record of this case has also been examined.
5. It has been contended by Mr. Nadir Khan that workers union had demanded the cancellation of the registration of Mazdoor Union on the plea that this Mazdoor Union became illegally constituted because as set of 12 office-bearers its 8 office-bearers have now been retrenched by the Management. Accordingly, a notice was issued to the Mazdoor Union but it could not submit a satisfactory reply. Accordingly, this application has been moved for cancellation. He also submitted that proceedings for holding referendum were in the way when this request was made by the workers union and that a suit has also been filed by workers union challenging the list of voters. A stay has been granted by the civil Court against holding referendum till the list of the members of the Unions is finalized. Such list is not being finalized because the Management has not yet submitted the list of its workers. Mr. Nadir Khan submits that if any Union number of outside office-bearers exceeds to 25$, it would be in contravention of the provisions of I.R.O. And so it will be deemed to be an illegally constituted body. Since 8 office --bearers have been retrenched by the Management, Mazdoor Union became illegally constituted body and so its registration must be cancelled.
6. Mr. Awan, submits that the Mazdoor Union has not contravened any provisions of I.R.O. In fact, immediately on registration of this Union, the Management retrenched its members not to permit Union activities and so the Union approached the N .I . R . C . Which granted the stay against Management. However, on 9-2-1986 when that matter was fixed before N. I. R. C., the Registrar, in collusion with the Management and the workers Union, also fixed the date of referendum as 9-2- 1986. Accordingly, none could appear before N.I.R.C. On behalf of the Union and so not only the stay order was vacated but the main petition was also dismissed in default and not on merits as pleaded by the Registrar in its application moved in this Court. However, the said matter is still sub judice before N.I.R.C., and so it cannot be urged that the dispute in regard to retrenchment has been finally disposed of against Unions. Moreover, the retrenched workers have also individually filed their grievance petitions in this Court for their re-instatement and till such time these matters are sub judice in Courts, it cannot be pleaded that the Mazdoor Union has more than 25% outside office-bearers. He further submitted that a proper and legal reply was submitted to the Registrar but the same was never considered and so the present application is not sustainable in law. His alternative submission is that, in any case, this Union has already conducted its fresh election on 1- 7-1986 and the result of the same has already been notified to the Registrar. No reply to this effect has been received by Mazdoor Union from Registrar and so it is presumed that the same has already been accepted. In this way, this application of the Registrar becomes infructuous and is liable to be dismissed.
7. Mr. Abbasi submits that after the retrenchment of 8 office-bearers the Mazdoor Union ceased to exist and so its registration is liable to be cancelled. His further submission is that this Union has also withdrawn its request for referendum and so it itself ceased to exist. As to the fresh elections, Mr. Abbasi submits that unless it is accepted by the Registrar, it cannot be given any importance.
8. I have given my anxious consideration to the submission made before me.
9. Application for registration is moved under section 6 of I.R.O. And its requirements are contained in section 6 thereof. The requirements for registration are detailed in section 7 ibid and according to its clause (d) of subsection (1), if the number of persons forming the executive exceeds 25%, Union cannot be registered. Admittedly the Mazdoor Union was registered which shows that it had fulfilled all the requirements. The cancellation of the union can be ordered if the union is found to have contravened any of the provisions of I.R.O. Or its rules. I have accordingly to see if the Mazdoor Union has committed any contravention.
10. The Registrar in this case has acted according to the wishes of the rival workers union. It approached the Registrar by its letters, dated 23-2-1986 and 9-3-1986. On the basis of this request the applicant sent a letter to the General Secretary of Mazdoor Union on 16-3-1986 and the same was said to have been replied on 22-3-1986. The averments made in this reply, it appears, were never considered and given any importance, and, on the contrary, the present application for cancellation was moved on 31-3-1986.
11. The contention of Mazdoor Union is that since the retrenched workers are still agitating their grievance before the Courts, it cannot be urged that this union became illegally constituted body and I find substance in this plea. Admitted the Management promptly retrenched workers immediately on receiving the intimation about the registration of Mazdoor Union and the matter against this retrenchment was also immediately taken up before the Court in accordance with law.
12. In this view of the matter it cannot be pleaded that these persons became B outsiders and immediately on retrenchment, the number on .The executive body exceeded to 25$ of the outsiders. Even if the Registrar founded this opinion natural justice required that he must have allowed the union to remove such defect if any and to hold fresh elections to bring the executive committee within the four corners of law. This was never done but it rushed to the Court under the advice and with the assistance of the rival union as also the Management for cancellation of the registration of Mazdoor Union. This conduct of the applicant does not appear to be bona fide.
13. Assuming but not admitting, even if the executive committee was not in accordance with the provisions of I.R.O., this defect has already been removed by the Mazdoor Union by holding its fresh elections already notified to the Registrar. No decision on such election has so far been taken by the Registrar but the position remains that presently this Mazdoor Union is a legally constituted body and till such time any other action is taken by Registrar in accordance with law to make the Mazdoor Union as an illegal body there will no justification in ordering the cancellation of the registration of this Mazdoor Union. At least in view of this changed position the present application became infructuous and so it is dismissed.
14. Without prejudice to the rights of any party herein, it is advised that the Registrar would decide the referendum issue at the earliest so that untoward situation may not arise. The record of the Registrar be returned.