ALL PAKISTAN TRADE UNION FEDERATION vs RTU, PUNJAB Ss — 2026 PLC 123 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION

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ALL PAKISTAN TRADE UNION FEDERATION VS RTU, PUNJAB Ss. 14 & 57---Punjab Industrial Relations Act (XIX of 2010), Preamble---Registration of Trade Unions/Federations/confederations, matter of---National Industrial Relations Commission /NIRC, powers of---Trade Union seeking registration on similar / existing name---Provincial Registrar Trade Unions, powers / responsibilities---Appellant (All Pakistan Trade Union Federation) was aggrieved of respondents' registration (issuance of certificate) by the Registrar Trade Unions Punjab by the name of All Pakistan Trade Union Federation Punjab---Stance of the respondents was that the Punjab Industrial Relations Act, 2010 ('the PIRA, 2010') does not prohibit the registration of unions / federations with same, similar or identical name---Whether the Provincial/Punjab RTU could entertain any application for registration of another federation in the name and style of the respondents---Held: Section 14 of Industrial Relations Act , 2012 ('the IRA, 2012') makes it abundantly clear that no trade union, federation and confederation can be formed and seek its registration having same, similar on identical name---There is no difference between the names of appellant and respondent except that respondent added word Punjab at the end of name of appellant ("ALL PAKISTAN TRADE UNIONS FEDERATION") which was artful, cunning, deceptive, insidious and sneaking---Law does not only prohibit the registration if the name is same but if it is similar or identical in essence if names are alike and indistinguishable---The name of respondents conveyed as if respondents was Punjab chapter of the appellant---Admittedly, the appellant / federation was registered about two decades ago and vide letter of even date said fact was communicated to the provincial Registrars including Provincial RTU (Respondent)---It appeared that Provincial RTU (Respondent) did not hold a proper inquiry to ascertain the fact that name being used by the respondents was already registered with NIRC---The IRA, 2012 is a Federal statute, which empowers NIRC to take notice of certain acts and proceedings initiated before the Labour Courts and provincial RTUs---Subsections (2) and (5) of S. 57 of the IRA, 2012, vests additional powers on the NIRC, inter alia, to initiate prosecution, trial or proceedings, or take action, with regard to any matter relating to its functions---Therefore, the stance of the respondents was misconcieved that PIRA, 2010 does not prohibit the registration of Unions / Federations with same, similar or identical name---Thus, the Provincial/Punjab RTU (respondent) can not entertain any application for registration of another federation in the name and style of the respondent as the law of the land (special law, the Provincial statute, general law) does not permit so---National Industrial Relations Commission under the law was empowered to take notice of issue in hand as the Provincial/Punjab RTU (Respondent) encroached upon the IRA, 2012 procedural law which was enforced with retrospective effect from 01-05-2010---Provincial/Punjab RTU (Respondent) should have asked for and inquired into as to whether any other Federation existed and was registered or not, more particularly when factum of the registration of the appellant had already been communicated---Appellant being registered federation with NIRC was its subject and any attempt to defeat accrued and established rights including intellectual property, had to be checked / noticed was NIRC---Industrial Relations Act, 2012 being Federal Statute cannot be subservient to a provincial statute---National Industrial Relations Commission cannot sit as spectator when glaring illegality and patently colorable exercise of authority is reported---Thus, said material aspects, factual resume and object of law escaped notice of the Member (Single Bench), resulting into passing of the impugned order which was not sustainable in the eye of law---National Industrial Relations Commission set aside impugned order directing the Provincial /Punjab Registrar Trade Union to commence the process of the cancellation of the registration of the respondent or allow to change the name by some other name dissimilar to the name of the appellant---Appeal was allowed accordingly.

ALL PAKISTAN TRADE UNION FEDERATION vs RTU, PUNJAB Ss — 2026 PLC 123 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION

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