DECISION ' This Revision Application has been moved by the Union against the management and the Registrar of Trade Unions to stop him from conducting election proceedings for determination of C.B.A. No final order has been passed by the Registrar. The Labour Court awarded the relief of Interim Injunction under Order 39, Rule 1, C.P.C. Restraining the Registrar from conducting the proceedings on the plea that the election of C.B.A. Was being based on illegal procedure regarding preparation of the Voters List. This is not therefore adjudication of an industrial dispute but, is regarding the procedure adopted by the Registrar of Trade Unions for the election.
2. The Labour Court has not all the powers of a Civil Court under the Industrial Relations Ordinance.
The Labour Court can exercise only the powers enumerated in section 36(2) of the I.R.O. And such other powers which are ejusdem generis for the purpose of adjudicating and determining any industrial dispute. It was held by Tufail Ali, C.J. And Fakhruddin Ebrahim, J. In Brooke Bond Pakistan Limited v. Sindh Labour Court 1973 PLC 111 that the Labour Court has no authority to pass order in nature of Interim Injunction under Order 39, Rule 1, C.P.C. Restraining the employer from terminating the services of employee/applicant. It was observed in that case that such powers could only be exercised for adjudication of the dispute involved. The learned counsel for the respondent has not been able to point out any decision that the Registrar of Trade Unions can be stopped in the middle of election. As held in Mushtaque Hussain v. Riaz Muhammad PLD 1973 Karachi 612, the Registrar is exercising public duties of holding elections for the C.B.A. And no mandatory injunction can be issued against the Registrar to stop him from exercising such duties.
3. Even on facts the Registrar has not yet prepared the List of Voters and the list to be prepared hereafter cannot be called in question by filing the petition before the Labour Court. Section 22(5) of the I.R.O. Provides: "The Registrar shall after verification of the list submitted by Trade Unions prepare a list of voters in which shall be included the name of every workman whose period of duty is not less than three months and who is member of any of the contesting Trade Unions and the Registrar shall at least four days prior to the date fixed for the poll send to each of the contesting Trade Unions a certified copy of the List of Voters so prepared. It is open to the Unions to file their objections and challenge the inclusion of any worker as a voter but there is no provision in the I.R.O. For issue of Notification to stop the Registrar from holding the election."
4. For reasons stated above the order of the learned labor Court would appear to be in excess of jurisdiction and against the law. The order granting injunction under Order 39, Rule 1, C.P.C. Is, therefore, set aside and the matter may be proceeded with and finalised in accordance with law.
5. The Revision Application is allowed.