' This is a revision reporting that the order dated 6-10-1991 recorded by the learned Presiding Officer, Punjab Labour Court No, 8, Bahawalpur, whereby the appeal brought by the petitioner- Union was dismissed, is wrong and improper.
2. The facts are that the petitioner-Union came into existence and papers were sent to the respondent for registration of the Union. The Registrar directed the Assistant Director, Labour to hold inquiry. The inquiry was held but not in the presence of the General Secretary of the petitioner- Union, or any office-holder duly authorised by the said Union. In the impugned order the learned lower Court admits that the General Secretary was not present during the inquiry, but has observed that a proposed Chairman namely Mr. Abdul Ghafoor had remained present. The representative of the Registrar has brought the record and has failed to show that Mr. Abdul Ghafoor had been authorised by the petitioner-Union to participate in the inquiry on behalf of the petitioner-Union. In the absence of any such evidence , it cannot be said that Mr. Abdul Ghafoor was in reality the representative of the petitioner-Union. The representative of the Registrar says that the General Secretary Mr. Zahoor Shah was tried to be contacted but in vain since he was not available. If it was so, another date of inquiry should have been fixed and notice of inquiry served upon the General Secretary. The petitioner-Union, therefore, has been condemned unheard by disallowing their application for registration
3. As a result of the observations made above, the revision is accepted and setting aside the impugned order of the learned lower Court as well as the order of the Registrar by which he refused to register the petitioner-Union, the Registrar is directed to hold fresh inquiry in the presence of the representative of the petitioner-Union and redecide prayer for the registration of the union.