GENERAL SECRETARY, DOABA :ICE MILLS WORKERS UNION Versus REGISTRAR, TRADE UNIONS, PUNJAB

This is a revision challenging the order dated 27‑11‑1986 recorded by learned Presiding Officer, Punjab Labour Court No.7 Gujranwala. Where by the petitioner was summoned to stand trial under section 62 of 'Industrial Relations Ordinance, 1969 for violating the provisions of section 22(3)(b), since he did not submit list of the members of its union. The Registrar wanted the list of the members in connection with holding referendum for the determination of C.B.A. Learned counsel for the petitioner has raised many objections to attack the impugned order but it is not necessary to discuss everyone. However, this argument is not without force that the complainant was not examined under section 200 of Cr.P.C. before issuing a process to the petitioner to appear to stand trial. Where the complaint is filed by a Court the examination of the complainant under section 200, Cr.P.C. is not necessary. Since the Registrar cannot be said to a Court, without his examination the learned lower Court could not come to a conclusion that a prima facie case for trial had been established,

2. As a result the revision is accepted and setting aside the impugned order the case is remanded for further enquiry in the light of the observations made above.

A.E./321/Lb.P Revision accepted.