' On an application filed by S. Qabul Shah, respondent No, 2, under section 8 (7) of the Industrial Relations Ordinance, 1969, this Court vide order dated 30th October, 1975, directed the Registrar of Trade Unions, Lahore, to hold election of the office bearers of PECO (BECO) People's Union, Kot Lakhpat, Lahore, under his supervision within a fortnight.
2. On receipt of the orders of the Court the Registrar sent letters to the petitioner as well as respondent No, 2 on 4th November, 1975 to attend the once of the Registrar on 10th November, 1975 at 9 a. m. To finalize the date and time of the election. The letter was received by the petitioner on 8th November 1975 but he did not turn up on the said date. The Registrar constituted a three members committee to supervise the election. The said committee intimated the Registrar that Qabul Shah group had filed the nomination papers for contesting the election whereas the group of the petitioner did not participate in the election proceedings. The Registrar gave another chance to the petitioner group to attend the meeting in his office at 11 a. m. On dated 18th November, 1975.
The petitioner group did not attend the meeting and consequently the Registrar approved the election of S. Qabul Shah group as office bearers of Peco (BECO) People's Union, Kot eikhpat, Lahore on the same date I. e. Dated 11th November, 1976.
3. On dated 22nd November, 1975 Muhammad Ishaque petitioner filed the under consideration petition under section 8 (7) of the Industrial Relations Ordinance, 1969, against the Registrar of Trade Union, Lahore Region, Lahore and S. Qabul nab, President, PECO People's Union Kot Lakhpat, Lahore. He has contended in this application that election under the orders of this Court was illegally held by the Registrar in as much as three members' committee was constituted without consulting the petitioner and in disregard of the provisions of rules 11 to 16 of the Punjab Industrial Relations Rules, 1973. He further contended that he was involved in a false criminal case by the Management and he could not therefore file nomination papers with the election committee on 14th November, 1975 and he made an application to the Registrar on 15th November, 1975 requesting him to extend the date of election but the Registrar took ex parte proceedings against the petitioner and approved the list of office-bearers supplied by S. Qabul Shah group on 18th November, 1975 with out holding 'election. This order of the Registrar, according to the petitioner, was illegal, mala fide and without jurisdiction.
4. The Registrar as well as S. Qabul Shah resisted the petition and pleaded inter On that the petitioner was afforded with every opportunity to participate in the election but he himself failed to do so and therefore the Registrar had no alternative but to proceed with the holding of election under the direction of the Court. The Registrar has not violated the provisions of the Rules and constitution of the Union. Muhammad Ishaque petitioner has appeared as his own witness and stated that on 8th November, 1975 he was given a notice to attend office of the Registrar on 10th November, 1975 to produce papers in connection with the election. He further stated that on 11th November, 1975 he submitted application to the Registrar requesting him to supply the list in respect of Referendum of 1974. On 15th November, 1975 wrote letter No, Exh. P/4 to the Registrar requesting for the postponement of the election for a period of 15 days. He admitted that he could not attend the office of the Registrar on 10th November, 1975. He further admitted that on 14th November, 1975 he went to the office of the Registrar at 1.00 p. m. And the office had already been closed on account of being Friday. He could not repudiate the suggestion that on 18th November, 1975, when he reached the office of the Registrar, the election of the contesting candidates of the rival group had already been approved. He further admitted that he did not raise any objection about the constitution of the election committee as indicated in letter &h. P/3.
5. From the statement of the petitioner himself it is amply proved that the Registrar duly notified to the petitioner as well as to the rival group about the holding of the election of office hearers under the direction of the Court The election committee was constituted in accordance with the constitution of the Union and the petitioner did not object to the same. On the date for filing of nomination papers the petitioner failed to file nomination papers A of his group. Subsequently he was afforded with another opportunity but he failed to appear before the Registrar, on 18-11-75, the Registrar, therefore approved the election of the office bearers belonging to the group of the respondent No,
2. There does not appear to be any violation of rules 11 to 16 of the Punjab Industrial Relations Rules, 1973.
6. In the light of what has been said above we find no merit in the under consideration application and the same is accordingly dismissed.