2010 PLP 210 (PLC)

JUSTICE (RTD.) ABDUL HAEEZ CHEEMA, CHAIRMAN.

Mazdoor Union Coca Cola Beverages Pakistan Limited, Vehari Road Multan has come up in revision petition against the judgment dated 29-10-2009 passed by the Punjab Labour Court No.9, Multan whereby the said Court accepted the appeal of the Peoples Employees Union, Coca Cola Beverages Pakistan Limited, Vehari Road, Multan, respondent No.2 with the following operative part:

"(12) The corollary of the above discussion is that the appeal is accepted leaving the parties to bear their own costs. Resultantly the impugned order dated 3-8-2009 passed by the Registrar' Trade Unions Multan in connection with rejection of the application of the "appellant union for registration of union is hereby set aside being illegal. Consequently the Registrar Trade Unions Multan is hereby directed to register the appellant trade union i.e. People Employees Union Coca Cola Beverages Pakistan Ltd., Multan and to issue a Certificate of Registration in its favour within one month. The file of this Court be consigned to the record room and record of the Registrar trade union be sent back immediately."

2. The brief facts are that the Peoples Employees Union Coca Cola' Beverages Pakistan Limited, Vehari Road, Multan applied fox registration of their union on 25-6-2009. The Registrar after conducting enquiry and recording the statements of the concerned employees found that they have failed to fulfil the requirement of law and rejected the application on 10-7-2009. The said union once again tried to convince the Registrar of the genuineness of their request and prayed for registration which too was rejected on 3-8-2009 by the Registrar. Aggrieved by these orders, the respondent No.2 union filed an appeal under section 9(5) of the Industrial Relations Act, 2008 before the Punjab Labour Court No.9, Multan. The learned Labour Court after hearing the parties, passed the impugned order in favour of respondent No.2 as per directions reproduced above. The Registrar was directed to register the union with a given period.

3. The revision petitioner who was a party before the learned Labour Court has assailed this order on the ground that the application filed by respondent No.2 having been rejected, now the application of the revision petitioner which is pending merits acceptance. Already there is another Union with the name and style "Workers Welfare Union, Coca Cola Beverages Pakistan Limited, Vehari Road, Multan" in the establishment of Coca Cola which was registered on 10-8-2009. Now the status of the petitioner regarding their registration will be of the second union in the establishment and this cannot be accorded to the union being formulated by respondent No.2.

4. The matter mainly relates to the registration of two trade unions. Both the un-registered trade unions are anxious that they should be treated as the second union in the establishment and for that purpose they have taken different pleas. The present position is that in respect of People's Employees Union the learned Punjab Labour Court No.9 at Multan has already ordered for its registration vide the impugned judgment but the Registrar who is respondent No.3 in the instant revision petition is of the view that he would not be in a position to register the union for the reasons that no specific directions have been given by the learned Labour Court regarding further enquiry to be made with regard to the registration of the People's Employees Union. It has not been made clear to the Registrar whether he is to issue certificate of registration straight away or he can undertake the necessary enquiry in this behalf.

5. After hearing the parties, going through the record and the relevant provision of law it seems that the law requires that 20% membership is to be seen by the Registrar only when there are already two registered trade unions in an establishment but in the present case there is only one registered trade union i.e. Workers Welfare Union and the decision of the second trade union has to be taken by the Registrar. The formation date of the People's Employees Union is prior to the date of the Mazdoor Union and in the present situation it is obvious that the remedy lies by holding a fresh enquiry by the Registrar in respect of the Employees Union whose date of formation is prior to that of Mazdoor Union. After looking into the facts of the case and law on the subject, it is the Registrar who is to decide the registration or otherwise of the Mazdoor Union. In addition to the other pre-requisites the union is to show the 20% membership of the total strength of workers of the establishment. In case the People's Employees Union is not registered then he will proceed with the enquiry in respect of Mazdoor Union.

6. Consequently, the impugned order is set aside and the Registrar of the Trade Unions, respondent No.3 is directed to proceed in the matter as required above with all possible expedition. H.B.T./11/PLT Order accordingly.