1. ' An appeal has been filed on behalf of Mehmood Textile Mills Workers' Union under section 8.(3) of the Industrial Relations Ordinance, 1969, against the order dated 23rd August 1974 of the Registrar Trade Unions, Multan, hereinafter mentioned the Registrar, whereunder an application for the registration of the Union was rejected. It is maintained in the appeal that the Secretary of the Union applied to the Registrar for the registration of the Union after completing the necessary papers on 26th July, 1974 and that the same were completely checked and verified in the office of the Registrar by 2nd August, 1974. Despite this the appellant received on 30th August, 1974 the order dated 23rd August, 1974 rejecting the application. It is further maintained that a representation was made to the Registrar in regard to the irregular procedure culminating into the impugned order and the appellant was assured that a Labour Officer had been deputed for the verification of the papers and that all the documents were further completed on 12th September, 1974. But ultimately the appellant was intimated on 21st September, 1974 about the rejection of the application which order could not be sustained in the eye of law.
2. ' According to the reply statement of respondent the appellant-Union filed an application during the pendency of the application for registration agitating the discharge and dismissal of some of the officers and members of the Union and the inquiry made in the matter revealed that termination of the workers had taken place and that the parentage of certain members of the Union and the names of a few other members had not been correctly mentioned in the list attached to the application for registration. The inquiry also revealed that half of the members denied having subscribed to the aims and objects of the Union and that the elections were not held in regular manner. It is also pleaded that even after the order of rejection was passed, rechecking of the membership of the Union was ordered at the request of the President of the Union and after being satisfied as regards the irregularities committed by the Union, the first rejection order was confirmed on 21st September, 1974 and the Union was directed to seek legal remedy before the competent Court.
3. ' It is worthy of note that after entertaining the application for registration no objections were conveyed to the General Secretary of the appellant. Union within a period of 15 days from the receipt of the application under section 8 (1) of the Ordinance. In other words no opportunity was given to the members of the Union to meet the objections later on mentioned in the impugned order dated 23rd August, 1974. Under section 8(2) the registrar has not been given any alternative other than to issue a certificate of registration on the prescribed form within three days of the date of objection having been met by the applicant-Union. Such being the position of law the appellant- Union could not be denied the fair opportunity to meet the objection in due time standing in their way in regard to the registration The provision is mandatory and could not be by-passed in any case.
4. ' It is urged on behalf of the respondent that after the application was made by the appellant- Union, a representation was put forward on its behalf complaining against the discharge of a number of members and office-bearers of the Union by the Management and the inquiry made in this connection found a basic change, having been effected in the formation of the Union due to the said terminations besides the defects in the membership of the Union already mentioned above and therefore the application as rejected. The contention does not hold water inasmuch as their aforesaid representation by the members of the Union dealt with a different matter and could not be mixed up with the question of registration. It is provided in subsection (3) of section 8 that in case the application has been rejected or the Registrar has delayed disposal of the application beyond the period of 15 days provided in subsection (1) or has not issued a certificate of registration within a period of three days of the date of meeting the objections the aggrieved Union may get its grievances redressed through an appeal to the Labour Court. Since no step was taken to place the objections before the appellant-Union which must have intervened between the appellant and the rejection thereof, the appeal succeeds on that score. Accordingly it is directed that the appellant-Union may be registered after they have removed the objections as to the correct names and parentage of the Union as indicated in the impugned order dated 23rd August, 1974. As regards the objection that a number of the Union members did not subscribe the formation of the Union, that can be substantiated by the interested members of the Union through vote of no-confidence or through refrendum. In case any referendum is already within view as claimed on behalf of the appellant due consideration should be given according to law as to the Inclusion of the appellant-Union after its registration within available margin of time.