' Under section 11-A, West Pakistan Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968, a prayer has been made by the management of the concern, Sh. Fazal Rehman & Sons Limited, Multan, seeking permission of the learned Labour Court to close down the concern. In the course of the proceedings, Mr. Shabbir Ahmad Butt, claiming to be the Chairman of the Employees' Union (CBA), has sought his impleadment as a party to the proceedings, and his request has been acceded to by the learned Court below, vide order dated 30-11-1998, validity of which order has been called in question by way of the present revision petition, having been preferred by the concern against Shabbir Ahmad Butt.
2. On record has been placed copy of an order dated 8-5-1997 passed by the Registrar, Trade Unions, Multan Region, cancelling registration of the Employees' Union, earlier operating in the set- up. On 1-8-1996 and then on 10-10-1996, proposals were put up by the Chief Executive and the representatives of the employers, on arriving at an agreement with the office-bearers of the CBA, for bringing an end to the business activity and for termination of the services of the employees, in the manner of Golden Shake Hand Scheme, or resignations being tendered by the employees voluntarily, on receiving their dues as full and final payment thereof.
3. Shabbir Ahmed Butt, however, jumped in the field, in an effort to resist and contest the process of closure of the factory. Attention of the Court has been drawn to the fact that this person had voluntarily tendered his resignation on getting all the outstanding dues on 12-10-1996; and even otherwise he was not one of the office-bearers, list of whom finds mention in the letter dated 22-7- 1996, addressed by the Registrar Trade Unions to the General Secretary of the Employees' Union.
Shabbir Ahmad Butt's name figured nowhere, and to say, as has been observed by the learned lower Court, that he was the Chairman of Union, at the relevant time, would be sheer travesty of the fact.
4. Complications would crop up and the proceedings for closure of the concern or the factory would be prolonged unnecessarily, if this person, without having a locus standi, is permitted to become a party. I would, as such, undo and rescind the impugned order dated 30-11-1998. Without his implement, the matter would proceed before the learned Court below and be carried to conclusion, at an early date. There shall be no order as to costs. The record, if requisitioned, shall be sent back, without delay.