' This is a petition under section 8(5) of the I.R.O., 1969 alongwith an application under Order 39, Rules 1 and 2 read with section 151, C.P.C. Supported by an affidavit filed by Syed Adam Mehdi, President Pakistan Telecommunication Employees Union petitioner with prayer to set aside the Circular dated 19-8-2000 issued by Rana Muhammad Tahir in respect of election and also the schedule in respect of the Divisional/Regional Bodies and be ordered that Executive Committee of the Union as approved by the R.I.T.U. Vide order dated 27-7-1998 will conduct the elections of the Divisional/Regional Bodies of the Union as agreed before the Full Bench of the Commission by the parties after holding its meeting as per Constitution of the union under the supervision of R.I.T.U. Or any officer nominated by him and be ordered that Rana Tahir cannot act as Secretary General of the Union on the basis of order of the Full Bench in Appeal No,12(75)'of 2000 and also to restrain the respondent No,1 from victimisation of the members and office-bearers of the union belonging to the petitioner's group in collaboration with respondent No,2 by transferring them from one Division to other with a view to deprive them from contesting the elections.
2. Heard Malik Mehrban, Representative of the petitioner and Qureshi Muhammad Hafeez, Advocate for respondents Nos.2 and 3. None has appeared for respondent No,1 despite notice sent to it.
3. Malik Mehrban Representative of the petitioner has contended that the name of Rana Muhammad Tahir does not appear in the list of office-bearers as approved by the R.I.T.U. Dated 27- 7-'1998,as such he cannot issue the Circular and schedule to hold the election. Name of the petitioner Syed Adam Mehdi appears in the list of the approved office-bearers dated 27-7-1998 as a President.
4. On the other hand Qureshi Muhammad Hafeez, Advocate contended that the respondent No,2 was initially elected as Secretary General when the Union was formed. According to the Constitution, there were 16 posts, 11 office-bearers were elected including Rana Muhammad Tahir as Secretary General and 5 posts, fell vacant. Out of the 11 elected office-bearers, 9 resigned. There were, therefore, the elections for the posts of 14 office-bearers and also amendment was made in the Constitution, thereby the posts of office-bearers were increased to 50, as such elections also were held on the increased 34 posts of office-bearers, and the change of the officer-bearers for approval was submitted and the approval for the posts of 48 office-bearers including respondent No,3 elected was submitted which was approved by the Deputy Registrar vide letter dated 27-7- 1998. Rana Muhammad Tahir respondent No,2 and Amanullah Chairman, who had not resigned continued to be the office-bearers, as such since there was no change submitted for the posts of the Chairman and the Secretary-General, therefore, their names do not appear in the list of change of office-bearers dated 27-7-1998 issued by the Deputy Registrar. He has contended that the application under section 8(5) of the I.R.O., 1969 is not maintainable, as the prayer made in the petition cannot be granted by the R.I.T.U., as the Registrar can only invoke the jurisdiction in case when the change of the office-bearers is submitted and that stage still has not arrived.
5. Mr. Zakaullah Khan, Deputy Registrar (R) also has apprised the position of the office-bearers of the Union, who were approved by the R.I.T.U.
6. In order to consider the contention of the learned representative for the petitioner and learned Advocate for the respondent in proper perspective, it should be advantageous to reproduce section 8(5) of the I.R.O.: "The Registrar may refuse to register such change or alteration if it is in conteravention of any of the provisions of this Ordinance, or if it is in violation of the Constitution of the trade union."
' Bare reading of section 8(5) will show that it applies only when a change of the office-bearers is submitted to the Registrar of Trade Unions, and will have no application while election of the Union is in process. There appears no provision in the I.R.O. Or in the Regulation for invoking the jurisdiction by the Registrar of Industrywise Trade Unions to pass the restraint .Order as prayed in the petition.
Syed Adam Mehdi President/petitioner has prayed for a restraint order against the respondent No,1 not to transfer the members and office-bearers of the Union from one Division to other. It appears that he has no locus standi to make such prayer for issuance of prohibitory order in respect of the transfers of the members and office-bearers. The same if can be prayed, may be by any union which is C.B.A. And not by an individual person and besides this is beyond the ambit of jurisdiction of R.I.T.U. Elections are to be held in the light of the observations made in the order dated 18-8-2000 of the Full Bench in Appeal No,12(75) of 2000, and in case any of the office-bearer, may be Rana Tahir Respondent No,2 if he has committed any violation of the order of the Full Bench the petitioner can file contempt petition if so desires before the Full Bench.
' Since the praryer in the petition does not fall within the scope of jurisdiction of Registrar of Industrywise Trade Unions, as such the same is dismissed in limine.