' This is a revision application under section 38(3-a) of the Industrial Relations Ordinance, 1969 against the decision dated 15-9-1998, passed by the learned Labour Court No,5, Karachi, against the order dated 20-8-1998, passed by the learned Registrar Trade Unions.
2. The facts giving rise to the above revision, briefly stated are, that the applicant union namely Pak Suzuki Motor Co., Limited Star Workers' Union, formed on 22-6-1998, filed an application for its registration to the Registrar Trade Unions, on 2nd July, 1998 claiming to be the employees of Pak Suzuki Motor Company Limited. Under the constitution of the applicant Union, it is provided that the employees of Pak Suzuki Motor Company could only become the paid members of the Union.
Accordingly. the Registrar Trade Unions issued a notice to the respondent No,3 i,e, Pak Suzuki Motor Company Limited to furnish a complete list of its employees. Since there are a number of other trade unions, already registered with the Registrar Trade Unions, notices were also issued to all those unions to submit list of . its paid members. On perusal of those lists and other documents, attached thereto, a number of discrepancies were noted by the Registrar Trade Unions and were communicated to the applicant on their given address. No reply was received. It, later on, transpired that no such trade union was ever affiliated with the Federation of Trade Unions on the said address.
3. The Registrar Trade Unions examined the application for registration of the Trade Union, received from the applicant, in the light-of the list of employees of respondent No,3 i,e, Pak Suzuki Motor Company Limited and the list of members of other unions. In the course of scrutiny of the aforesaid documents, it was also revealed that the members of the applicant were the employees of the job contractor and not of respondent No,3 Pak Suzuki Motor Company, as there existed no relationship of employer and employee between Pak Suzuki Motor Company Limited and the applicant Union and, therefore, the application was rejected by order dated 20-8-1998. Against the said order of the learned Registrar, Trade Unions, an appeal was filed by the applicant union, before the learned Labour Court No,5, which was dismissed by the learned Presiding Officer of the said Court, by its order dated 15-9-1998. Against the aforesaid decision, this revision application has been filed.
4. The main grievance of the applicant as stated by Mr. Abdul Ghani, the learned counsel for the applicant, is that on the date of hearing i,e, 12-9-1998, the learned counsel sent an application for adjournment to the learned Labour Court supported by medical certificate, which was disallowed.
Some of the applicants, in person, were present, but they were not in a position to argue the case and make their submissions, particularly, on the law points. This position is not controverted to by either of the parties namely Mr. Tasnim and Mr. Jehangir Azar.
5. Therefore, it will be in the interest of justice to give' another opportunity to the contesting parties unless it is shown, on record, that they were wasting time of the Court and adopting delaying tactics, which is not the case here. I, therefore, accept this revision, set aside the impugned decision, and remand the case to the learned Labour Court No,5 to hear the case afresh, after affording full opportunity to the parties.
6. Mr. Jehangir Azar, requests that time may be fixed for the disposal of the said case. I think there should be no hurry on the part of Government. The learned Presiding Officer will take care of it himself. The parties, however, are directed to appear before the learned Labour Court on 27-3-1999 for appearance only whereupon the learned lab our Court will fix the case for further proceedings at its own convenience. There will be no need of issuing the footie of the said date. The revision application is disposed of accordingly.
' Announced in open Court, this the 4th day of March. 1999.