' This is a petition under section 22-A(8)(g) of the I.R.O., 1969, filed by Javed Iqbal who is an employee of the establishment of respondent No, 2 i,e, Mustehkam Cement (Pvt.) Limited, Rawalpindi. It was contended that the petitioner is the General Secretary of the United Workers'
Union, Mustehkam Cement (Pvt.) Limited which is enjoying the status of C.B.A. In the establishment.
It was contended that the petitioner is an elected representative of the union but the respondent No, 2 being annoyed with the lawful trade union activities of the petitioners is trying to illegally remove the petitioner from the post of General Secretary. It is contended that a fictitious change was submitted before the Registrar of Trade Unions, Rawalpindi Region, Rawalpindi for approval thereby incorporating the names of respondents Nos.3 and 4 as the elected representative which is likely to get approval. It was contended that such acts constitute unfair labour practice within the meaning of section 15 of the I.R.O.; 1969. Considering such averments, interim injunction was granted in favour of the petitioner on 3-12-1995 and the case was adjourned to 31-12-1995.
2. In.The meanwhile the respondents strongly contested the petition by way of filing of written statement and an application for ante-date of proceedings as well as by filing of rejoinder to the stay application. The case was ante-dated for 17-12-1995. Arguments of the learned counsel were heard.
3. It is an admitted feature of the case that the United Workers' Union Mustehkam Cement (Pvt.)
Limited, Rawalpindi is a registered trade union and is also enjoying the C.B.A. Certificate for the establishment of Mustehkam Cement (Pvt.) Limited, Rawalpindi. However, it seems that there are two groups in the said union. The record of the case shows that an election committee was constituted who invited the nomination papers from the candidates and the document dated 8-11- 1995 reveals that only two nomination papers were submitted before the Committee, and therefore, the entire body was declared unsuccessful untestedly and the change was submitted for approval on or about 23-11-1995 before the Registrar of Trade Union, Rawalpindi Region, Rawalpindi.
The record further reveals that before the Registrar of Trade Unions, Rawalpindi Region, Rawalpindi another change was submitted on the basis of vote of no confidence.. The Registrar of Trade Unions, Rawalpindi Region, Rawalpindi passed order against the untested winners/elected and to resolve this controversy the respondent No, 1 i,e, Registrar of Trade Union, Rawalpindi Region, Rawalpindi, decided to hold an inquiry. Accordingly, the matter was investigated and inquired into by the Registrar of Trade Unions, Rawalpindi Region, Rawalpindi i,e, respondent No,
1. The respondent No, 1 also held inquiry into the matter and it would be relevant to reproduce the finding of the Inquiry Officer-- "(i) that elections submitted by Mr. Muhammad Sher Malik are not in accordance with the provisions of the constitution of the union as only 6 members of the union have given their statements in regard to the elections and out of these only 4 have consented in favour whereupon 2 have showed their ignorance about the same, thus declaring it null and void;
(ii) vote of no confidence passed by the General Body against the President (Mr. Muhammad Sher Malik is found in accordance with the provisions of the constitution of the union hence approved;
(iii) election of Mr. Latif Mir as stopgap arrangement keeping in view the emergent situation is also considered;
(iv) the general election of the Union of the whole Body is the only solution as required under the provision of the Constitution and Industrial Relations Ordinance, 1969."
5. In the consequences of the such inquiry report the respondent No, 1 passed an order dated 3-12- 1995 and concluded and decided the matter in the following terms: "Now, therefore, I, Mian Qamar Ahmad, Registrar of Trade Unions, Rawalpindi Region, Rawalpindi keeping in view the findings submitted by Mr. Liaqat Ali, Labour Officer (F), Rawalpindi hereby approve the proceedings of vote of no confidence and at the same time reject the proceedings of elections. I, further direct the general elections of the union which are also due should be held within a period of 15 days from the date of issuance of this order.
(Sd.)
(Mian Qamar Ahmad), Registrar of Trade Unions, ' Rawalpindi Region, Rawalpindi."
6. In my view, the respondent No, 1 has very rightly resolved the controversy between the parties by issuing directions for the holding of general elections of the union, which are otherwise due and is the only solution of the problem/dispute, therefore, no exception can be taken by this Commission to the finding of respondent No, 1 in this behalf.
' Therefore, the petition being without any merits is dismissed, without any order as to costs.