' A petition under section 8(7) of the hidustrial Relations Ordinance, 1969, filed on 23-10-1996 by Syed Zawar Hussain Shah Bukhari, against the Registrar of the Trade Unions, Punjab, Lahore, is pending before the Punjab Labour Court No, 2, Lahore. Respondents Nos. 2 to 6 in the petition have approached this Tribunal with a request that the petition be entrusted to the Punjab Labour Court No, 5, at Sargodha. Earlier, on 2-7-1996, one Ashiq Bilal had filed a similar petition in the Labour Court at Sargodha, impleading Syed Zawar Hussain Shah Bukhari as a respondent (No, 5).
According to the applicants before this Tribunal, the aforesaid petition was a collusive one, having been got instituted by Zawar Hussain Shah, in the name of one of his friends, Ashiq Bilal. Syed Zawar Hussain Shah himself also filed his own petition under section 8(7) of the Industrial Relations Ordinance, 1969, on 10-9-1996, in the Labour Court at Sargodha. It was, however, withdrawn and was accordingly dismissed on 21-10-1996. The present petition by Syed Zawar Hussain Shah Bokhari was filed on 23-10-1996, this time, in the Labour Court at Lahore.
2. So obviously, even according to Syed Zawar Hussain, the competent Court in the matter was the Labour Court at Sargodha. The mere fact that an order passed by the Registrar Trade Unions, Lahore has been impugned by way of the petition under section 8(7) of the Industrial Relations Ordinance, 1969 would not confer on a Labour Court at Lahore the competence in the matter, as the Registrar's jurisdiction extends throughout the Province. Reference has been made to PLD 1954 Sindh 117, PLD 1965 SC 310(g) and PLD 1982 Quetta 84, in urging that Provincial Government or a Provincial Department of the Government has existence and functions everywhere throughout the Province, but strictly speaking it "resides", "carries on business", or "works for gain" nowhere, within the meaning of section 20, C.P.C., and its omnipresence would hardly be of any significance or relevance, for determining the question of jurisdiction of the Court. These words occurring in section 20 apply to natural persons only and not to legal entities. Cause of action had accrued to Syed Zawar petitioner, or anyone else for that matter, within the territorial limits of the Labour Court at Sargodha. The union has its Head Office and the Administrative Department (the Punjab Irrigation Scarp II Circle) is also headquartered at Sargodha. The parties, except of course the Registrar, are also putting up at Sargodha. No confidence move against Syed Zawar Hussain Shah had also been made there. Considered from any angle, the Labour Court at Sargodha is the proper Court, which is competent to deal with the issue. Institutions of the petition in a Labour Court at Lahore has inappropriately been made, and it might have been done with ulterior considerations and no good intentions, with a view to put pressure on the adversaries and to subject them to unnecessary inconvenience and expenditure.
3. I would allow the application, withdraw the petition dated 23-10-1996, titled Zawar Hussain Shah v. Registrar, Trade Unions and others", from Punjab Labour Court No, 2, Lahore, and make it over to Punjab Labour Court No, 5, at Sargodha, for its decision in accordance with law. A copy of the order shall be conveyed to both the Courts concerned, and another copy may be given 'Dasti' to the petitioners or their counsel. Next date in the Labour Court at Sargodha would be 11-1-1997.
Case transferred.