PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION
This constitutional petition was filed by the Punjab Agricultural Development and Supplies Corporation Employees' Welfare Union challenging an order passed by the Registrar, Trade Unions, Bahawalpur, which granted registration to the Shaheen Workers Union under the Industrial Relations Ordinance, 1969. The petitioner contended that the registration was unlawful, alleging that the proceedings for the formation of the new union were bogus, that the members of the new union were still members of the petitioner union, and that the individual responsible for forming the new union was disqualified due to pending litigation regarding previous union elections. The respondents argued that the new union was formed after valid resignations from the petitioner union and that the Registrar had conducted a proper inquiry before issuing the registration certificate. The Lahore High Court held that the issues raised by the petitioner, specifically regarding the validity of membership and the legitimacy of the union's formation proceedings, required the recording of evidence. Consequently, the Court ruled that such factual disputes could not be adjudicated within its constitutional jurisdiction and dismissed the petition, upholding the Registrar's order.
- Can a High Court resolve disputed questions of fact requiring evidence in the exercise of its constitutional jurisdiction?
- Is the registration of a trade union by the Registrar, Trade Unions, subject to interference in constitutional jurisdiction when factual disputes regarding membership exist?
- Does the resignation of members from an existing union and subsequent formation of a new union constitute valid grounds for registration under the Industrial Relations Ordinance, 1969?
- Section 6, Industrial Relations Ordinance 1969
- Section 7, Industrial Relations Ordinance 1969
- Section 8(7), Industrial Relations Ordinance 1969
ORDER
' This Constitutional petition has been filed by Punjab Agricultural Development and Supplies Corporation Employees' Welfare Union (hereinafter referred to as the petitioner) assailing order dated 8-6-1989 of the Registrar, Trade Unions, Bahawalpur whereby he registered Shaheen Workers Union respondent No, 3, under the Industrial Relations Ordinance, 1969.
2. Learned counsel for petitioner contended that all the 84 employees of the Bahawalpur District are members of the Union, it was incorrectly asserted that 44 employees therefrom are members of respondent No,3. It was further contended that the proceedings of the meeting allegedly taken on 27-5-1989 by respondents Nos. 2 and .3 were bogus, respondent No,1 acted contrary to law in registration of respondent No,3 as Trade Union. It was also contended that respondent No,2 was General Secretary of petitioner-union, he did not resign before 27.5-1989 and had in fact filed an appeal under section 8(7) of the Industrial Realions Ordinance, 1969 before the Punjab Labour Court No, 8 Bahawalpur challenging election of the office-bearers held on 22-3-1989, he, therefore, could not form a separate trade union.
3. Learned counsel for respondents entered appearance at the limine stage of the case. They opposed the petition. It was contended that the respondent No,2 alongwith other employees on 27- 5-1989 resigned from the membership of the petitioner-union and referred to the document duly signed by them and submitted to the Registrar. It was also submitted that all the formalities for constitution of an independent trade union were completed and the Registrar, Trade Unions rightly registered respondent No, 3 under the Industrial Relations Ordinance, 1969 as amended by Act XXIX of 1973. It was also submitted that the Registrar made due inquiry pertaining to the application of respondent No, 3 received in his office on 30-5-1989. After verification of the application under sections 6 and 7 bd issued certificate of registration. It was also submitted that Muhammad Shakil Mirza respondent No, .2 on 8-7-1989 withdrew the appeal filed by him under section 8(7) of the Industrial Relations Ordinance, 1969. Leaned counsel for respondents referred to parawise comments submitted by respondent. No,1 wherein it was mentioned that the members of respondent No,3 did not in any way hold membership of any other union. On further pointing out by one Muhammad Ramzan, the names of 11 workers were scored out from the list of members of Shaheen Workers Union.
4. I have considered the contentions raised by learned counsel for the parties and find that the order dated 8-6-1989 of respondent No,1 registering respondent No,3 as trade union is unexceptionable. The questions raised by learned counsel for petitioner are determinable only after recording evidence which exercise cannot be undertaken in Constitutional jurisdiction of this Court. The respondent No,2 had already resigned on 27-5-1989 from the membership of petitioner- union and had withdrawn his appeal filed before the Punjab Labour Court No, 8 Bahawalpur.
' In these circumstances I am not inclined to interfere in the impugned order in exercise of Constitutional jurisdiction of this Court and dismiss the petition.
Cited by 5 cases
- IDARA-E-KISSAN vs REGISTRAR OF TRADE UNION, LAHORE and others 1995 PLC 134
- IDARA-E-KISSAN vs REGISTRAR OF TRADE UNION LAHORE Etc K.L.R. 1995 Labour & Service Cases 80
- Mst. SABOOHI vs GHULAM DASTAGIR And Another 1995 MLD 1402
- MUHAMMAD AFZAL And 7 Other vs REGISTRAR OF TRADE UNIONS, BALOCHISTAN And 7 Others 1994 PLC 735
- GHEE CORPORATION OF PAKISTAN vs REGISTRAR, TRADE UNIONS and another 1991 PLC 207