This appeal under section 8(3) of the Industrial Relations Ordinance, 1969, calls in question the legality of the impugned order dated 12-10-1989 passed by the learned Registrar Trade Unions, Bahawalpur Region, Bahawalpur, whereby the prayer for the registration of Staff Union, Social Security, Bahawalpur Region, was declined.
2. The facts necessary for the disposal of this appeal in short are that the appellant in his capacity as a President formed a trade union of workmen namely Staff Union within the establishment of Social Security, Bahawalpur Region and submitted the application for its registration to the respondent on 11-7-1989. The appellant was then asked to produce the record and documents for verification vide Letter No, RTU/BWP/3082, dated 19-7-1989. The appellant was again asked vide Letter No, RTU/BWP/4136, dated 20-9-1989, to produce evidence showing that Social Security Institution falls within the ambit of Industrial Relations Ordinance, 1969, for the purpose of registration of Trade Union. The appellant submitted the detailed reply alongwith the documentary evidence. It is further contended that the Registrar (respondent) instead of considering documentary evidence, passed the impugned order, refusing the registration of the appellant union on 12-10-1989, arbitrarily and in utter disregard of the scheme of Industrial Relations Ordinance, 1969.
3. Feeling aggrieved by the impugned order dated 12-10-1989, the appellant union has challenged the same through this appeal.
4. It is mainly contended on behalf of the appellant that the Registrar (respondent) wrongly relied upon the decision of Hon'ble Supreme Court vide 1989 SCMR 618. The Registrar Trade Unions Bahawalpur Region, Bahawalpur failed to consider the documentary evidence on record. There was no bar under I.R.O., 1969 to register the appellant union. The Social Security Institution falls within the ambit of I.R.O. 1969, for the purpose of registration of a trade union. It is, therefore, prayed that this appeal be accepted and the respondent be directed to register the appellant union.
5. On the other hand, it is urged that the I.R.O. 1969, is not applicable to any person employed by an establishment maintained for the treatment or care of the sick, infirm, destitute and mentally unfit persons. The appellant establishment being Social Security, Bahawalpur, is hit by the bar contained in section 1, subsection (3)(f) of the I.R.O. 1969. It is therefore, prayed that this appeal may be dismissed.
6. I have heard detailed arguments and gone through the record with care.
7. It is an admitted fact that the appellant is Staff Union, Social Security Bahawalpur Region. The perusal of the list of members placed on the record of the Registrar (respondent) shows that they are Naib-Qasid, Junior Clerk, Driver and Chowkidar, etc. They, therefore, want to form a trade union of the administrative staff. They do not belong to the staff working in the Hospital and Dispensary.
The Social Security Institution is covered by the definition of commercial establishment. The members aforesaid are not directly concerned for the treatment or care of sick, infirm, destitute as mentally unfit persons, etc. Thus, the bar contained in section 1(3)(f) of I.R.O., 1969 is not applicable to the appellant union. The appellant union is, therefore, entitled to carry out lawful and healthy trade union activities. The Registrar Trade Unions, Bahawalpur Region, Bahawalpur has not correctly appreciated legal and factual position in this case. The judgment of the Hon'ble Supreme Court relied upon by the Registrar while passing the impugned order has no bearing on the facts of this case.
8. I am, therefore, convinced that the learned Registrar has illegally refused to register the appellant union. The impugned order is therefore illegal and without lawful authority and the same is hereby set aside. In the result, this appeal is accepted and the learned Registrar Trade Unions, Bahawalpur Region, Bahawalpur is directed to register the appellant union within ten days and issue the necessary registration certificate. The record of the Register be returned back. The file be consigned.