A. D. C. Workers' Union (Regd.), Soan Valley Land Improvement Project, Talagang through its General Secretary Mr. Muhammad Hanif filed an application in this Court on 4-1-1972 against the Project Director, A. D. C., Soan Valley Land Improvement Project, Talagang under section 34 of the Industrial Relations Ordinance, 1969 claiming, that the respondent might be directed to re-instate the terminated workers whose list has been appended to the application or in the alternative they might be paid the benefits detailed in the application.
2. The application of the Union was resisted by the respon--dent on merits as well as by raising various objections of legal nature.
3. Legal objections raised by the respondent were overruled by my learned pradecessor but subsequently the case was transferred to Punjab Labour Court No. 2 Lahore for disposal. Again by the order of the learned appellate Tribunal the case was received back in this Court in June, 1974.
Thereafter the petitioner-Union sought various adjournments for production of evidence at one or the other pretext.
3. On 26-2-1975 the respondent filed an application raising an objection to the effect that the Registrar of Trade Union, Rawalpindi zone had cancelled the registration of the petitioner-Unions vide his letter addressed to the petitioner Union dated 18-12-1972 and therefore the petitioner--- Union bad no locus stands to prosecute the petition any further. This application was opposed by the petitioner-Union.
4. In this behalf statement of S. D. Qadir the then Assistant Director Labour Welfare Department, Rawalpindi Region, Rawalpindi was recorded. He stated that in pursuance of the order of the Punjab Labour Court No. 2 the registration certificate of the petitioner-Union was cancelled and intimation to this effect was sent to the General Secretary of the petitioner-Union vide letter 7682 dated 18-12-72, He however stated that the letter was sent by ordinary mail and not by the registered post. He further disclosed that copies of this letter were endorsed to the Registrar of Trade Unions, Punjab, Lahore. Manager, A. D. C., Soan Valley Land Improvement Project Talagang Exh. R W 2/1 the copy of the letter in question was also produced in the Court.
5. After this evidence was recorded the petitioner-Union on 5-5-1975 filed an application praying that the petitioner-Union might be allowed to substitute the Employees' Union, Soan Valley Land Improvement Project, Talagang as the petitioner. This application of the petitioner dated 5-5-1975 was opposed by the respondent on the ground that the petitioner-Union had no locus stands to make any application for the substitution of any other Union as the petitioner.
6. After hearing the: parties, the case was fixed for order for the disposal of the aforementioned application of the petitioner-Union for the substitution of another Union as petitioner. However on 24-6-1975 an application was riled by the Employce2 Uniool, Soan Valley Land Improvement Project, Talagan through its General Secretary praying that the applicant-Union might be allowed to step into the shoes of original petitioner and might be treated as the substitute of the said petitioner.
7. The application of the employees Union, Soan Valley Land Improvement Project has also been vehemently opposed by the respondent who has pleaded inter alia that the application was hopelessely barred by the, inasmuch as, the registration of A. D. C. Workers' Union was cancelled on 18-12-1972 and thereafter the applicant-Union did not care to apply to the Court for period of about 3 years. It further contended that the present applicant could not expouse the case of workers who has been retrenched more than 2 years back and were no longer in service. It had been pleaded that the applicant-Union was registered on 19-11-1972 i.e. About a month prior to the cancellation of the registration of A. D. C. Workers' Union and some of the office-bearers of the applicant-Union were also the office bearers of the deregistered Union. The applicant Union slept for such a long the and has not now come with clean hands before the Court.
8. The application of Employees' Union, Soan Valley Land Improve--ment Project, Talagang for being substituted as petitioner is sought to be disposed of by this order.
9. The learned counsel for the parties have been heard at a consider--able length. In National Steel Mills Ltd., Karachi v. National Steel Mills Employees' Union (1975 PLC 427) it has been held by the Sind Labour Appellate Tribunal that a Collective Bargaining Agent, which lost its character as such after the proceedings which had been initiated by it, can not continue the proceedings a Collective Bargaining Agent. Similarly in Workers' Union v. Abbasi Textile Mills Ltd., Rahimyar Khan (1964 PLC 887) Mr. Justice A. R. Changes the then Chairman of Industrial Court of West Pakistan held that as soon as the registration of a Union is cancelled by the Registrar, that Union ceases to have any locus stand and cannot be allowed to prosecute the case. It was further held in this case that there was no provisions in the Industrial Disputes Ordinance for allowing the substitution of such a Union as an applicant in place of the Union whose registration was cancelled by the Registrar.
According to the factual position of the under consideration case as has been stated above, the registration as A. D. C. Workers' Union was cancelled as back as 18-12-72. The applicant-Union was registered on 19-11-1972 i.e. a month earlier. A. D. C. Workers' Union lost its locus standi to prosecute the present case the moment its registration was cancelled. The applicant-Union which was already a registered Union did not care to apply to be substituted as petitioner in place of A. D. C.
Workers' Union well in the. It slid not care even to get itself certify as C. B. A. Earlier than A March 1975. It applied for the first the for being substituted as petitioner on 24-Cr-1975. The relief which is claimed in this case is in respect of workers who were allegedly retrenched on 24-9-1971 i.e., long before the applicant Union was registered.
11. In view of the above, by no norms of justice and fair play the applicant-Union can be allowed to be substituted as petitioner in this case which as a matter of fast abated in December, 1972 on the deregistration of A. D. C. Workers' Union which had instituted this case. I would accordingly disallow the application of the Employees' Union, Soan Valley Lands Improvement Project, Talagang for being substituted as petitioner in this case and consequently the main c-1se filed by A--- D. . C Workers' Union stands dismissed.