ORDER This appeal is directed against the order dated 30-6-1973 of the Registrar, Trade Unions, Lahore Region, Lahore, whereby the Registrar withdrew the certificate of registration already issued to the appellant-Union on the ground that the said Union had concealed true facts that they were engaged in the execution of the orders of the Defence Department.
2. The appellant-Union aggrieved by that order had first filed an appeal before the Punjab Labour Court No. 2, Lahore, which was rejected on 19- 9*73 on the ground that the said Labour Court had no jurisdiction to entertain the appeal against the cancellation of registration. Thereafter, the appellant-Union filed an appeal before this Tribunal.
3. Mr. H. R. Haider, who appeared on behalf of the respondent, raised a preliminary objection that the appeal was not competent because it was not filed against the order of cancellation of registration of the Trade Union by the Registrar under the direction of the Labour Court. According to him the registration of the Trade Union was not cancelled but only the certificate of registration of Trade Union was withdrawn. This argument has no force because the impugned order was that the appellant-Union had been deprived of registration and this practically amounted to cancellation of the registration, lt is well established that the Registrar has no power to cancel the registration of a Trade Union suo motu. He has to approach the Labour Court under section 10 of Industrial Relations Ordinance, 1969, and only under the direction of the Labour Court can cancel the registration. I am fortified in this view by the judgment of the Sind Labour Appellate Tribunal in the case The General Secretary, Pakistan Civil Aviation (Communication) Employees Union, Karachi, v. Registrar, Trade Unions, West Pakistan, Lahore (Now Registrar Trade Unions, Government of Sind, Karachi) (1), wherein it was observed:-- "Section 10 of the Industrial Relations Ordinance, 1969, does not confer any power on the Registrar to act on his own and cancel the registration. The Registrar has to approach the Labour Court and make out a ground that the union has indulged in unfair labour practice or has violated any provision of the Ordinance. If the Labour Court is satisfied on the grounds made out by the Registrar, it may direct the Registrar to cancel the registration."
4. In the present case I find that the appellant-Union has been made to suffer without being given an opportunity to be heard. The Registrar^ therefore, had clearly acted in violation of the principles of natural justice which have to be read in all enactments. On this ground also the impugned order of the Registrar is bad in law. (1) 1971 PLC 368
5. Mr. H. R. Haider farther contended that in view of section 21 of General Clauses Act, 1897, the Registrar alone was the competent authority to withdraw or cancel the registration of the Trade Union. The above section reads as follows:-- "Whereby any Central Act or Regulation a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power exerciseable in the like manner and subject to the like sanction and conditions (if any) to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued." This contention has no force because section 10 of I. R.O., 1969 specifically gives power to the Labour Court to give a direction to the Registrar, to cancel the registration of a Trade Union and, therefore, it is only the Labour Court alone wnich is empowered to exercise such a power. In the present case after the appellant-Union had been registered, it created certain rights in its favour. Therefore, the power to rescind an order to the detriment of rights created in favour of any individual after the order had taken legal effect, cannot be rescinded or withdrawn. I am fortified in this view by the judgment of our Supreme Court in the case Pakutan v. Muhammad Himayatullah Farukhi (1), wherein it was held:-- "There can hardly be any dispute with the rule that apart from the provisions of section 21 of the General Clauses Act, locus Poenitentiae, i. e. the power of receding till a decisive step is taken, is available to the Government or the relevant authorities, ln fact, the existence of such a power is necessary in the case of all authorities empowered to pass orders to retrace the wrong setps taken by them. The authority that has the power to make an order has also the power to undo it. But this is subject to the exception that where the order has taken legal effect, and in pursuance thereof certain rights have been created in favour of any individual, such an order cannot be withdrawn or rescinded to the detriment of those rights."
5. In the result I accept the appeal and set aside the order of the Registrar withdrawing the certificate of registration of the appellant- Union. (1) PLD 1969 SC 407