' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against the order dated 28-12-1997, whereby ,the respondent No,1 had registered the respondent No,3 as Trade Union under section 8 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as I.R.O. 1969).
2. Briefly stated the respondent No,3 submitted application for registration of Trade Union on 24-7- 1997 and objections were filed by the petitioner on 8-8-1997 wherein it was stated that the members of the respondent No,3 were not employees of the petitioner as they were employees of the contractor M/s. Siddiqui Sons appointed by the petitioners. It was also revealed that those employees were paid, supervised and controlled by the said contractors. According to the learned counsel for the respondents the General Secretary of the respondent No,3 Ali Kazim on behalf of the management participated in the enquiry which was conducted by the Deputy Director Trade Unions on behalf of the Registrar and on the basis of his report the respondent No,1 submitted his report on 11-12-1997 which is available in the minute sheets of the file maintained by the office of the Registrar. Para. 47 of the minute sheet reads as under:-- "In view of the above, it is concluded that all the workers/members are directly in the employment of Management within its control/supervision, and administration. Therefore, the objections of the Management raised vide letter dated 8-8-1997 appear to be an afterthought therefore, may be rejected and the applicant union namely M/s. Kohinoor Tea Workers Union may be registered under section 8 of the Industrial Relations Ordinance, 1969."
' Thereafter, the respondent No,1 on 13-12-1997 passed the following order:-- "As in para. 47-N pl."
' On the basis of this order the registration was granted to the respondent No .3 .
3. I have heard the learned counsel for the parties and perused the record.
4. Learned counsel for the petitioner mainly contended that the respondent No,3 was registered as Trade Union in violation of section 7 of the I.R.O., 1969 which inter alia, provides that no union shall be registered unless all the workmen are employed in the industry, to which the union is related. He also submitted that a plain reading of the impugned order shows that the respondent No,1' had passed the said order without application of mind. It was also pointed out by the learned counsel for the petitioner that at the initial stage the Joint Director Labour had opined that the members of the respondent No,3 were not the employees of the petitioners while the Deputy Director after making enquiry gave the contrary opinion regarding the status of the employees. Learned counsel for the respondents Nos,1 and 2 submitted that request for registration was granted after thorough enquiry having been made by the Deputy Director, Trade Union. Therefore, this petition is misconceived. Learned counsel for respondent , No,3 also supported the impugned order and placed reliance on order passed by the Hon'ble Supreme Court reported as Essa Cement Industries Workers Union v. Registrar of Trade Unions, Hyderabad Region, Hyderabad and 4 others 1998 SCM R 1964 = 1998 PLC 500. This case is distinguishable on facts and the law laid down by the Hon'ble Supreme Court and is not attracted to the facts and circumstances of this case. Since I propose to remand the matter, therefore, no observations are being made on the merits of the case. However, suffice it to observe that in my humble view, in matters of registration of Trade Union, etc. The Registrar Trade Unions is supposed to pass speaking order clearly indicating the application of mind, supported by cogent reasons so that the reader may come to know as to how the issues involved and questions raised by the parties concerned were dealt with. Following this principle, I find that in the instant case the respondent No,1 passed a slip-shod order by just agreeing with the noting's/recommendations of the Deputy. Director. Accordingly the impugned order is legally not sustainable, because the respondent No,1 had not at all applied his mind to the facts of the case as well as to the provisions contained in sections 7 and 8 of I.R.O. Which reads asunder:-- "(7) Requirements for registration.--(1) A trade union shall not be entitled to registration under this Ordinance unless the constitution thereof provides for the following matters, namely:--
(a) the name and address of the trade union.
(b) the objects for which the trade union has been formed.
(c) the purpose for which the general funds of the union shall be applicable.
(d) the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy five per cent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry from which the trade union has been formed;
(e) the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;
(f) the maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;
(g) the manner in which the Constitution shall be amended, varied or rescinded;
(h) the safe custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection of the account books by the officers and members of trade union;
(i) the manner in which the trade union may be dissolved;
(j) the manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon this election or re-election;
(k) the procedure for expressing want of confidence in any officer of the trade union; and
(I) the meeting of the executive and of the general body of the trade union, so that the executive shall meet at least once in every three months and the general body at least once every year;
(2) Without prejudice to the provisions of subsection (1) a trade union of workmen shall not be entitled to registration under this Ordinance:--
(a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; and
(b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may be.
(7) A. ... (7) B.
8. Registration:--(1) The Registrar, on being satisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of (fifteen) days from the date of receipt of the application. In case the application is found by the Registrar to be deficient in a material respect or respects he shall communicate in writing his objections to the trade union within a period of 15 days from the receipt of the application and the trade union shall reply thereto within a period of fifteen days from the receipt of the objections.
(2) When the objections raised by the Registrar have been satisfactorily Met, the Registrar shall register the trade union as provided in subsection (1) and issue a certificate of registration in the prescribed form within three days of the date of the objections having been so met. In case the objections are not satisfactorily met, the Registrar may reject the application.
(3) In case the application has been rejected or the Registrar has delayed disposal of the application beyond the period of fifteen days provided in subsection (1) or has not issued a certificate of registration within a period of three days as provided in subsection (2), as the case may be, the trade union may appeal to the. Labour Court who for reasons to be stated in its judgment, may pass an order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.
(4) Notwithstanding anything contained in any other provisions of this Ordinance, every alteration made in the constitution of a registered trade union and every change of its officers shall be notified by registered post by the trade union to the Registrar within fifteen days of such change.
(5) The Registrar may refuse to register such change or alteration if it is in contravention of any of the provisions of this Ordinance, or if it is in violation of the constitution of the trade union.
(6) Subject to the provisions of subsection (3), every inclusion or exclusion of any constituent unit of a federation of trade union shall be notified by registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.
(7) In case there is a dispute in relations to the change of officers of a trade union, or any trade union is aggrieved by the refusal of the Registrar under subsection (5), any officer or member of the trade union may apply or appeal to the Labour Court, who shall within seven days of receipt of the application or appeal, as the case may be, pass an order either directing the Registrar to register the change or alteration in the constitution or in the officers of the trade union or may, for reasons to be recorded in writing, direct the Registrar to hold fresh elections of the union under his supervision.
5. For the above reasons the impugned order is set aside and it is ordered that the application for registration of trade union submitted by the respondent No,3 shall be deemed to be pending. The respondent No, l" is directed to dispose of the said applications strictly in accordance with law within one month from the date of receipt of this order after giving the reasonable chance of hearing to all the parties concerned. With these observations/directions the petition stands disposed of.