1998 PLP 320 (PLC)

2. On 13-8-1995 the Registrar of Trade Union, Hyderabad Region furnished the written authority issued under section 13(b) of the Industrial Relations Ordinance, 1969 authorising Mr. Nadir Khan Yousufzai. Deputy Director Labour to prosecute Baldia Ala Staff Union under section 10(1) of the I.R.O. in Labour Court No. VI, Hyderabad.

3. Section 10(1) reads as under:-- "The registration of a Trade Union shall be cancelled if the Labour Court so directs upon a complaint in writing made by the Registrar that the Trade Union has: (i) contravened any of the provisions of this Ordinance or rules; (ii) contravened any of the provisions of its constitution; or (iii) made in its constitution any provision which is inconsistent with this Ordinance or the rules.

4. The learned Labour Court found that the Baldia Ala Staff Union were trying to prolong the proceedings on one excuse or the other though it was an admitted fact that they had not filed the returns required to be filed under section 21 of the I.R.O. regarding receipts and expenditure during every year by the prescribed date. That it had been admitted that the said returns were fled late on 7-6-1995.

5. During the proceedings Rana Mehmood Ali Khan for the Staff Union filed an application under section 36 of the I.R.O. for summoning Hon'ble Labour Minister, Government of Sindh, M/s. Aijaz Ahmed Sheikh, Registrar of Trade Unions and Director, Labour Sindh, Karachi. This application was rejected on the ground that there was no need for evidence in view of the admission and the application was not bona fide and had been filed in exercise of delaying tactics to further delay the proceedings.

6. The learned Labour Court held that Mr. Nadir Khan Yousufzai had been authorised under section 13(b) of the I.R.O. to prosecute the Baldia Ala Staff Union under section 10(1) of the I.R.O. and since the contravention of the Rules had been admitted, the Labour Court allowed the complaint filed by the authorised Representative of Registrar of Trade Unions, Hyderabad and directed the Registrar of Trade Unions, Hyderabad to cancel the registration of the Baldia Ala Staff Union. Against this order the Staff Union has preferred this appeal.

7. The main contention of Rana Mehmood Ali Khan on Union is that under section 10(1) of the I.R.O., the registration of a trade union shall be cancelled only upon complaint in writing made by the Registrar that the Trade Union has contravened any of the provisions of the I.R.O. or the rules. That in the present case there was no written complaint by the Registrar but the complaint was filed by Deputy Director, Labour under section 13(b) of the I.R.O. Section 10 is specific regarding the cancellation of the Trade Union while section 13(b) of the I.R.O. relates to complaints in general like prosecution of the Trade Union, employers, workers for violation of the provisions of the I.R.O. expending funds of a Trade Union any contravention of the provisions of its constitution, etc.

8. Under the Rules for interpretation of Statutes the specific provision applies in preference to the general provision. In Pakistan Security Press Employees' Union v. Sindh Labour Court No. 2, Karachi, it was held by High Court, Karachi (1979 PLC 410): "That the order of the Registrar authorising the filing of the complaint under section 13(b) before the Labour Court concerning the cancellation of registration of the Union which matter is outside the scope of section 13(b) and falls under section 10 is without lawful authority and of no legal effect. The proceedings taken upon the complaint held coram non judice and accordingly quashed:"

9. Thus section 10, concerns cancellation of registration under section 13(b), The Registrar has been empowered to lodge or authorise any person to lodge complaints with, inter alia, the Labour Court for action against a Trade Union and others for any alleged offence any unfair labour practice, violation of any provision of the Ordinance, expending funds of the Trade Union in contravention of the provisions of its Constitution. Section 13(b) does not refer to contravention of any rule or the provisions of the constitution of the Trade Union which are included as grounds for cancellation of registration under section

10. A complaint which includes these grounds under section 10 of the I.R.O. can be made by the Registrar himself only and the Registrar is not entitled to authorise any other person for making such type of complaint. Section 10 is a self-contained special provision dealing the " cancellation" of registration whereas section 13(b) is a general provision empowering the Registrar in all other cases to authorise any person to lodge a complaint.

10. Thus, the Labour Court, Hyderabad could not entertain the complaint of the 'Deputy Director Labour" for "cancellation" of the Trade Union under section 10 of the I.R.O.

11. The order of the Labour Court is accordingly set aside and the appeal is allowed. H.B.T./232/Lb.S Appeal allowed.