DECISION In the course of and the proceedings in respect of application by the Registrar of Trade Unions under section 10 of the I.R.O. For cancellation of the registration of the P.N.S.C. Afloat Officers'
Association on the ground that the affairs of the Association are in a mess on Register of the members is kept, no accounts are maintained etc. The Rival Union Pakistan Shaikh Muhammad Iqbal, General Secretary, Pakistan Merchant Navy Officers' Association applied as Intervener for being made a party. This application was allowed by the Labour Court. The P.N.S.C. Afloat Offices'
Association has accordingly preferred this Revision Application on the ground that the matter being between Registrar and the Afloat Officers' Association the Rival Association of Pakistan Merchant Navy Officers has no locus standi to be made a party. Mr. S.A. Channa has referred to decisions of the High Court and the Tribunals that the Rival Union could not be made a party. In the case of National Workers' Union v. National Silk Mills Labour Union there was an appeal before the Labour Court against the order of Registrar cancelling registration. The Rival Union applied for being impleaded. It was held by the Labour Appellate Tribunal Punjab that the Rival Union was not necessary party as the matter was between the appellant union and the Registrar. In another case of Habib Bank Staff Union v. Punjab Labour Appellate Tribunal 1984 PLC 1677 an application was made by the Rival Association for being impleaded as a party. The order of the Tribunal was challenged in the High Court. The High Court also held that in the cancellation proceedings the orders of the Appellate' Tribunal in refusing to implead the C.B.A. Was challenged in Constitution petition before the High Court. The High Court maintained the impugned orders and interference was refused.
2. In the present case also the Registrar has applied for cancellation of the Afloat Officers'
Association due to irregularities in the functioning of the union. The Merchant Navy Officers'
Association has no concern with this E dispute. The impleading of the Rival Union is not called for and is illegal.
3. None has appeared either for the Registrar of Trade Unions or for the Intervener Rival Union.
4. In the result the order impleading the Rival Union as Intervener is set aside. The matter will proceed as originally filed by the Registrar against P.N.S.C. Afloat Officers' Association.
5. The Revision Application is accordingly allowed.