DECISION ' This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No, VI at Hyderabad, dated 27-2-1989, whereby the registration of the appellant union was cancelled on the application of the Registrar of Trade Unions, who is respondent No,1, on the ground that some of the office-bearers of the union had been declared to be employers by the Sindh Government under Notification No, 21(41) S.O. (DEV)/87, dated 18-9-1988.
2. I have heard Syed Fashat Hussain Zaidi, learned Advocate for the appellants and Mr. Bashir Awan, learned counsel for respondent No, 2 and have also gone through the record and proceedings of the case.
3. Admittedly the Notification referred to above was challenged by the appellant before the Hon'ble Sindh High Court. The Sindh High Court, by its order, dated 16-5-1989 has declared this Notification to be ultra vires and arbitrary and passed without lawful authority. In view of this decision of the Hon'ble High. Court the ground on which registration was cancelled, no more exists and therefore order of the Labour Court is not maintainable and is also liable to be set aside.
4. Mr. Bashir Awan further submitted that in the application for cancellation of registration the Registrar had further alleged the violation of certain rules by the appellant but no finding was given by the Labour Court. Be that as it may, no cross-objection was filed in this Tribunal by the respondents with regard to the .Alleged omission of the learned Presiding Officer to give finding on such allegation. The presumption would be that the parties did not press this point before the learned Labour Court. The non-filing of the cross-objection would obviously show that this point was not pressed even before this Tribunal.
5. . As the Notification declaring certain office-bearers as employers has more any ground for cancellation of the registration of the union. As such the appeal is allowed and the impugned order is set aside. The Respondent No,1 is directed to restore the registration of the appellant Employees'
Union.