DECISION This is a revision application under section 38(3) of I.R.O., 1969, against the order dated 15-2-1989 passed by the learned Presiding Officer, Sind Labour Court No. VII at Sukkur whereby Registrar Trade Unions was restrained from registering the Union and Office-bearers were restrained from functioning till further order.
2. I have heard Mr. Nizamuddin Baloch, Advocate for the applicant and Mr. Shabbir Ahmed Awan, Advocate for the respondents.
3. The question whether by an Interim Order the learned Labour Court could issue injunction against the Registrar restraining him from registering Trade Union was discussed at length by this Tribunal in the case of Crescent Garments Industries Limited v. Crescent Garment Industries Workers Union bearing Appeal No. KAR-311 of 1988, decided on 7-2-1989 and it was held by this Tribunal that no such injunction could be issued by the Labour Court to the Registrar. When asked to distinguish the present case from the above case Mr. Shabbir Ahmed Awan submitted that in the decided case the workers had gone on illegal strike and the management had come to the Labour Court for directing the Registrar for cancellation of registration of the union, whereas in the instant case on the day, when union was being registered, the management moved the Labour Court for permanent injunction against the registration of the union on various grounds mentioned in the application. I need not go in the merits of this case, as it is likely to prejudice the parties in the proceedings before the learned Labour Court. The fact remains that before the issue of injunction the union had been registered and as such no injunction by way of Interim Order could be issued to the Registrar as prayed by the respondent. Similarly after the registration of the union the office- bearers also cannot be restrained from performing functions by Interim Order unless they are removed or registration of the union is cancelled in accordance with the provisions of law. In view of the above legal position the order passed by the learned Labour Court is not in accordance with law and is, therefore, set aside.
4. The Revision application is disposed of in the above terms.