1989 PLP 584 (MLD)

Section 3 reads:‑‑ "3. Trade unions and freedom of association.‑‑Subject to the provisions contained in this Ordinance:‑ (a) workers, without distinction whatsoever shall have the right to establish and, subject only to the rules of the organization concerned, to join associations of their own choosing without previous authorisation: Provided that no worker shall be entitled to be a member of more than one trade union at any one time; (b) ......................... (c) ......................... (d) ......................... Section 7(2)(a) and (b) reads: "7. Requirements for registration.‑‑‑ (1) .. (2) Without. prejudice to the provisions of subsection (1), a trade union of workmen shall not be entitled to registration under this Ordinance:‑ (a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; and (b) where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one‑fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the case may be." Section 8(1) reads as under:‑ "8. Registration‑‑(1) the Registrar, on being smisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of fifteen days from the date of receipt of the application. In case the application is found by the Registrar to be deficient in a material respect or respects he shall communicate in writing his objections to the trade union within a period of 15 days from the receipt of the application and the trade union shall reply thereto within a period of fifteen days from the receipt of the objections." Section 3(a) provides that workers shall have the right to establish subject to the rules of the organization concerned and shall have right to join association of their own choosing without previous authorisation. The proviso provides that no worker shall be entitled to be a member of more, than one trade union at any one time. Subsection (2) of section provides that without prejudice to the provisions of subsection (1), a trade union of workmen shall not be entitled to registration under this Ordinance unless all its members are workmen, actually engaged or employed in the industry with which the trade union is concerned. Clause 1(b) thereof provides that where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is concerned, unless it has its members not less than one‑fifth of the total members of workmen employed establishment, group of establishments; or industry, as the case may be. Admittedly, there are six registered unions in the same establishment. In accordance with the provisions of section 7(2)(b) of the Ordinance, the second respondent was required to have the members not less than 1/5th of the total number of workmen employed in the establishment. The petitioner Union as well as other unions through their letters informed the first respondent that the list of members submitted by the second respondent is incorrect. The petitioner asserted in paragraph 12 of the petition that the first respondent registered the second respondent in violation of the provisions of section 7(2)(a) and (b) of the Ordinance. The first respondent filed parawise comments wherein it is stated that the one‑fifth membership of the second respondent could not be verified on the ground mentioned therein. Mr. Abdul Ghafoor Mangi the learned Assistant Advocate‑General submitted that one‑fifth membership could not be verified by the first respondent. Mr. Khadim Hussain submitted that the petition is not maintainable. His submission is that the proper enquiry was held by the first respondent. This submission is devoid of force. Section 8(1) of the Ordinance provides that the Registrar, on being satisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form. The very sentence of the above provision makes the satisfaction of the Registrar necessary in accordance with the requirement of the whole Ordinance. If a trade union violates any of the provisions of the Ordinance, it cannot claim the registration. The Ordinance uses the expression "being satisfied". Being satisfied with a state of things means to be honestly satisfied in your mind. The satisfaction of one Registrar of trade unions cannot be said to be the satisfaction of another Registrar. Satisfaction is essentially a condition of the mind. It means that there is a substantial ground for the conclusion on the material available that the trade union has its members not less than one‑fifth of the total number of workmen employed in such establishment, group of establishments or industry and that the trade union has complied with all the requirements of this Ordinance and its members are not less than one‑fifth of the total members of workmen employed in such establishment. The phrase `satisfied' means, in my view, simply makes up its mind per Lord Pearson in Blyth v. Blyth (1966) AER 524 (541). Dixon J. defined it as `actual pursuasion'. That means a mind not troubled by doubt or to adopt the language of Smith, J. amind which has reached a clear conclusion (See Angland v. Payne (1944 NZLR 610(626). Now the Registrar under section 8(1) has to make up his mind. But make his mind for what? What for does he reach a clear conclusion in his mind? It means, in the context it is used, that the authority has to form a prima facie view that it is a case where the Union has complied with all the requirements of this Ordinance. It reaches a clear conclusion that a good ground exists for registration of the Union as the Union has complied with all the requirements of Ordinance including provisions of section 7(2)(b). It is this satisfaction which is the foundation of action under section 8(1). The first respondent granted the registration certificate to the second respondent. I am clearly of the opinion that the Registrar of Trade Unions did not direct his mind to the provisions of section 7(2) (b) of the Ordinance. The action in issuing the Registration Certificate must therefore be held as bad. I am of the opinion that under section 7(2)(b) to earn registration the second respondent must show that its membership is not less than one‑fifth of the total number of the w9rkmen employed in the establishment. The parawise comments amply demonstrate that the first respondent could not verify one‑fifth membership of the second respondent. In these circumstances the registration granted to the second respondent cannot be sustained. For the aforesaid reasons the registration of the second respondent is cancelled and the case is remanded to the first respondent for disposal in accordance with law. The first respondent is directed to make proper enquiry afresh after hearing all the unions. The enquiry should‑ be completed within a period of two months. The second respondent and the petitioner should produce their evidence before the first respondent on 24‑1‑1989. The parties are directed through their counsel to appear before the first respondent .on 24‑1‑1989, The petition is disposed of in the above terms with no order as to costs. H.B.T./F‑92/K Order accordingly.