Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -----Ss. 1(3), 3, 8, 11 & 38(3)-Reg1stration of Trade Union-Reg1strar rejecting application for reg1stration - Labour Court accepting appeal and directing reg1stration-Order of Labour Court challenged in revision before Appellate Tribunal - Plea that members of respondent Union not covered by definition of "workman" and excluded under S. 1 (3)-Reg1strar and Labour Court, in circum­stances, held, should have decided whether S. 1 (3) was applicable to members of respondent union-Order of Labour Court, in circum­stances, set aside and Reg1strar directed to re-decide application for reg1stration after inviting evidence on point involved. Nazir Ahmad Naz for Petitioner. Javed Iqbal for Respondent No. 1. S. M. Ashraf for Respondent No. 2. Date of hearing : 21st January, 1984. JUDGMENT The petitioner union is C. B. A. respondent No. 1 union applied to the Reg1strar for the reg1stration of the union but the Reg1strar refused. Appeal was lodged to the learned Punjab Labour Court No. 7, Gujranwala which was accepted and the Reg1strar was directed to reg1ster respondent No. 1 union and it was done. Respondent No. 1 union applied for referen­dum. The Reg1strar issued notice to the petitioner union. The petitioner union has challenged the order of the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala dated 2nd April, 1983, whereby the Reg1strar was directed to reg1ster respondent No. 1 union. The ground is that the members of respondent No. 1 union being the employees of Octroi Branch cannot take benefit of the Industrial Relations Ordinance, 1969 being employed in the admin1stration of State. Since the petitioner union was not party to the application made to the Reg1strar for the reg1stration of the union and to the appeal brought by respondent No. 1 in the Labour Court, it could not raise the objection now raised in the revision.…

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