1971 PLP 368 (PLC)

Date of hearing: 22nd December 1970. This is an appeal under section 11 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance, against an order of the learned Registrar, Trade Unions, West Pakistan Lahore, dated 11th June 1970; whereby the Registrar, Trade Unions, removed and cancelled the name of the appellant Union from the Register of Trade Unions with effort from 13th November 1959. The facts giving rise to the appeal briefly put, as given is the Memo. of Appeal are these.

2. The Pakistan Civil Aviation (Communication) Employees' Union was registered 'in September 1957. The Union represents Class III Employees of Civil Aviation Department. The Union submitted its Charter of Demands on 10th April 1970. It is suggested in the Memo of Appeal, ale with other ground that the order of cancellation is mala fide, being the result of the influence of the Director-General, Civil Aviation and his subordinate officers.

3. Mr. Ali Amjad, the learned Advocate, who appears for the appellant, bas raised two-fold objections against the impugned order. He contended, in the first place that the Register passed the impugned order against the principle of natural justice, inasmuch as, he did not give any notice to the union before cancelling its registration. In the secant place, it is contended that the Registrar had no jurisdiction to act suo motu in cancelling the registration of the Union. There is much force its the contentions raised by the learned Advocate.

4. It may be mentioned that the impugned order does acct indicate the provision of law under which the Registrar has cancelled the registration of the Union, The only power that the Registrar has for cancelling the registration of a Union is under section 10 of the Ordinance. I would take it that the Registrar purported to act under section 10 of the Ordinance. It would be useful to reproduce the provision of section 10 of Ordinance in order to examine the contention of the learned Advocate that the Registrar had no power to act suo motu while cancelling the registration of the Union. Section 10 runs as under:- "The Registrar may, on the application of a registered Trade Union or on the direction of the Labour Court made on a written complaint from the Registrar for 'any unfair labour practice as specified in section 15 and section 16 on the part of a Trade Union or for violation of any provision of this Ordinance, cancel its registration."

5. A fair analysis of the above provision of law comes to this (1) that the Registrar can cancel the registration on the application of Registered Trade Union ; (2) the Registrar may cancel the registration on the direction of the Labour Court made on a written complaint from the Registrar ; and (3) the complaint from the Registrar can be based either on " unfair labour practice or on any violation of any provision of the Ordinance.

6. Section 10 of the Ordinance does not confer any power on the Registrar to act on his own and cancel the registration. The Registrar has to approach the Labour Court and make out a ground that the Union has indulged in unfair labour practice or has violated any provision of the Ordinance. If the Labour Court is satisfied on the grounds made out by the Registrar, it, may direct the Registrar to cancel the registration. It does not appear from the perusal of the order of the Registrar that the Labour Court had given him any direction to cancel the registra tion of the Union.

7. The Registrar cancelled the registration on the ground that the provisions of the Ordinance of 1969, do not apply to the workmen of Civil Aviation (Communication). Whether the provisions of the Ordinance do or do not apply to the workmen of Civil Aviation is beside the point so far as the present appeal is concerned. It is not necessary for me to dispose of the question whether the provisions of the Ordinance do apply to the workmen of Civil Aviation or not. The sole question is as to whether the Registrar had jurisdiction to act on his own to cancel the registration of the Union. I am of the view that he had no jurisdiction to act on his own in cancelling the registra tion of the Union.

8. It may be pointed out that the principles of natural justice are now well established. The principle of natural justice has to be read in all enactments. No one can be made to suffer without being given an opportunity to be heard. The Registrar had clearly acted in violation of the principles of natural justice. 'The impugned order of too Registrar is bad in law op this ground also.

9. I must mention while disposing of this appeal, that the Registrar of Trade Unions, Karachi, was made a party under my order dated 10th November 1970. The Registrar, Trade Unions, Karachi has been served, but he did not appear either personally or through some one to oppose the appeal.

10. I would, for the reasons given above, set aside the order of the Registrar, Trade Unions, dated 11th June 1970.