' This is petition under section 49 (4)(e) of I.R.O.,2002 read with Regulations 32(2) of N.I.R.C. (P&F)
Regulations, 1973 along-with an application under Regulation 32(2)(c) of the N.I.R.C.
(P&F)Regulations, 1973 supported by affidavits filed by the petitioners against the respondents.
2. The facts of the case as stated in the petition are that thepetitioners are employed as permanent workmen in the respondent-Establishment. Petitioner No,2 is elected Joint Secretary of Salfi Textile Mills Labour Union since 2001. The President and General Secretary of the Union resigned from the office-bearership of the Union. The petitioner No,2 was therefore functioning as Acting General Secretary of the Union. Thereafter the vacancies of President and General Secretary were filled in by way of co-option in accordance with the constitution of the Union and the petitioner No,1 was elected as President and the petitioner No,2 as General Secretary of the Union. Such change of the office-bearers and amendment in the constitution was submitted by the petitioner No,2 as General Secretary of the Union to the Registrar of Trade Union, Sindh, Karachi vide letter dated 11-9- 2004, received by the Registrar of Trade Union, Sindh, Karachi on 15-9-2004. Application under section 20(2) of the I.R.O., 2002 dated 13-9-2004 was made by the petitioner No,2 as General Secretary of Salfi Textile Mills Labour Union to the Registrar of Trade Union, Government of Sindh, Karachi for holding referendum for determination of CBA in the respondent-Establishment. So also application under section 20(15) of the. I.R.O.,2002 dated 14-9-2004 was made by the petitioner No,2 to the Registrar of Trade Unions, Government of Sindh, Karachi. Both are said to have been received by the Registrar of Trade Unions. Sindh Karachi on 15-9-2004. It is submitted that Salfi Textile Mills Worker's Union, CBA, also has served notice under section 25(1) of the I.R.O., 2002dated 14-9-2004 on the respondents for settlement of industrial dispute. It is submitted that after submission of application for holding of referendum the officers of the respondents started victimization of the petitioners and threatened the petitioners to withdraw the referendum application from the Registrar of Trade Union, Sindh, Karachi, otherwise service of the petitioners will be terminated. They 'refused, as such they apprehend their termination, dismissal from service or transfer. It is prayed to restrain the Occupier and all the other officers A connected with the respondents-Establishment from terminating, dismissing, transferring or discharging the petitioners from services, to restrain the respondent and their officers not to pressurize the petitioners to withdraw the application in respect of holding the referendum through secret ballot pending before the Registrar of Trade Union, Government of Sindh, Karachi and also -to restrain the officers of the respondents-Establishment not to interfere in the Trade Union activities and not to pressurize the petitioners to resign from the officership of the Union and also not to commit any unfair labour practice.
3. The respondent filed reply with legal objections on main petition and counter-affidavit on stay application. The legal objections raised are regarding maintainability of the petition and jurisdiction. The respondents denied that the petitioners are office-bearers of Salfi Textile Mills Labour Union. According to the respondent in the list of change of office-bearers approved by the Registrar of Trade Unions. Sindh, Karachi vide letter dated 21-10-2004, Annex.R/1 none of the petitioners is shown as office-bearer: It is submitted that change of office-bearers submitted by the petitioners was not approved by the Registrar of Trade Unions, Sindh, Karachi, It is submitted that according to change of office-bearers approved by the Registrar of Trade Unions, Sindh, Karachi Abdul Zaman is General Secretary of Salfi Textile Mills Labour Union. According to the respondent the charter of demands served by Muhammad Afsar, claiming to be General Secretary of Salfi Textile Mills Workers Union has no legal effect, as the change of office-bearer of Salfi Textile Mills Workers. Union approved by the Registrar of Trade Unions, Sindh, Karachi vide letter dated 21- 10-2004 shows that Manzoor Hussain is the General Secretary of Salfi Textils Mills Workers Union, as such no validly raised industrial dispute is existing. Moreover Manzoor Hussain, approved General Secretary of Salfi Textile Mills Workers Union vide his letter dated 26-10-2004, Annex. R.2 has withdrawn the charter of demands dated 14-9-2004, which was submitted by Muhammad Afsar, claiming to be General Secretary of Salfi Textile Mills Workers Union. The respondents denied the allegations of the petitioners stating to be false, malicious, vague and unspecific in nature. It is submitted that neither name of any person, who allegedly had given threats has been mentioned nor date, time and place has been mentionedin the petition. The respondents denied the allegations of the petitioners regarding illegally and unlawfully interfering in the trade union activities. So also denied that the actions of the respondents were illegal, unlawful and without lawful authority.
4. On presentation of the petitioner adinterim prohibitory order waspassed by this Bench of Commission on 2-10-2004, which after hearing both the parties was confirmed vide order dated 29-12-2004.
5. Shaukat Ali Malik, General Manager (Admn.) and Notified Factory Manager of the respondents filed statement dated 18-12-2004, whereby he annexed charter of demands dated 26-11-2004 served by Manzoor Hussain General Secretary of Salfi Textile Mills Workers Union on the respondents and Memorandum of Settlement to have been executed on 11-12-2004 between the respondents and Salfi Textile Mills Workers Union (CBA).
'6. The petitioners filed their affidavit-in-evidence and they werecross-examined by Advocate for the respondents. On behalf of respondents Shaukat Ali Malik, General Manager (Admn.) and Notified Factory. Manager filed his affidavit-in-evidence and he was cross-examined by labour representative for the petitioners.
7. I have heard arguments of Mr. Faisal Mahmood Ghani, learned Advocate for the respondents on 4-6-2005, on which date Mr. Muhammad Khursheed, labour representative for the petitioners submitted that the case be fixed for orders and meanwhile he will file his written arguments, as such the case was fixed for orders on 13-6-2005 and Mr. Muhammad Khursheed, labour representative for the petitioners was allowed to submit his written arguments till 8-6-2005 and Mr. Muhammad Khursheed, learned labour representative for the petitioners has submitted his common written arguments in Case No,4A(58)/ 2004-K, Case No,4A(62)/2004-K, Case No,4A(63)/2004-K and Case No,4A(67)/ 2004-K, annexed therewith photocopy of documents on 11- 6-2005 and I have gone through the same.
8. Mr. Muhammad Khursheed, learned labour representative in his written arguments has contended that Shad Muhammad, petitioner No,2 was elected as Joint Secretary of Salfi Textile Mills Labour Union in the year 2001 and change of office-bearers of the Union has been annexed with affidavit-in-rejoinder as Annex.P/1. It is contended that after resignation of Muhammad Iqbal, from the post of General Secretary of Salfi Textile Mills Labour Union. Shad Muhammad, petitioner No,2 was acting as General Secretary of the Union according to the constitution of the.Union. The copy of resignation of Muhammad Iqbal, from the post of General Secretary of the Union is annexed with the petition as Annex.A/3. It is submitted that Shad Muhammad in the capacity ofActing General Secretary called meeting of Managing Committee, wherein Dur Rehman, petitioner No,1 was elected as President and Shah Muhammad, petitioner No,2 was elected as General Secretary of the Union through co-option, which meeting of Managing Committee was confirmed by the General Body according to the constitution of the Union. It, is submitted that petitioner No,2 in the capacity of General Secretary filed an application under section 20(2) of the I.R.O., 2002 for determination of collective bargaining agent through secret ballot on 15-9-2004 before the Registrar of Trade Unions, Sindh. Karachi, which has been attached with main petition as Annex.A/5. It is submitted that petitioner No,2 also made an application on 15-9-2004 to the Registrar of Trade Unions, Sindh, Karachi for issuance of necessary direction/instruCtions to the respondents in accordance with the provisions of subsection (15) of section 20 of Industrial Relations Ordinance, 2002 and the said application is annexed with main petition as Annex./A/6. It is contended that after this application for referendum was made by the petitioners to the Registrar of Trade Unions, Sindh, Karachi, the respondents threatened the petitioners to 'withdraw the referendum application from the office of the Registrar of Trade Unions, Sindh, Karachi, otherwise their services will' be terminated, as such the petitioners filed this petition and this Commission passed interim prohibitory order dated 2-10-2004, which was then confirmed vide order dated 29-12-2004. It is submitted that order of rejection of change of office-bearers dated 7- 10-2004 of the Registrar of Trade Union. Sindh, Karachi has been challenged by the petitioners before Sindh Labour Court No,V, Karachi, wherein Muhammad Qamaruddin, Ex-President of the Union has filed affidavit, copy of which is filed herewith for information as Annex.XX/I with the written arguments. It is contended that the comments, legal objections, affidavit-in-evidence filed by the respondents are false and baseless. The respondents are directly interfering in the trade union activities of the petitioners. In the affidavitin-evidence the petitioners have stated that they were residing in Mill Colony and the management deliberately had not issued them allotment letters. Shaukat Ali Malik, respondents' witness in cross-examination has admitted that the management did not issue allotment letters of the quarters to the workers. It is submitted that the respondents' witness has admitted in cross-examination that in previous election held in 2001 Shad Muhammad was elected as Joint Secretary and Muhammad Iqbal was elected as General Secretary of Salfi Textile Mill's Labour Union. It is admitted by the respondents' witness that Muhammad Iqbal has resigned from the employment. It is, therefore, submitted that in accordance with the constitution of the Union Joint Secreta0 of the Union legally and lawfully can perform the duties as Acting General Secretary of the Union. It is contended that record available will show that the respondents have victimized the petitioners due to their trade unionactivities calculated to be unfair labour practice on the part of respondents. It is submitted that after recording evidence of the petitioners, the respondents have .Started victimization and copies of letters, complaints, show-catise notices, medical certificate, police reports are attached with the written arguments for information and consideration of this Commission (Annex.XX/2 to XX/18)
9. Mr. Faisal Mahmood Ghani, learned Advocate for the respondents has contended that petitioners claim to be elected office-bearers of Salfi Textile Mills Labour Union, non-CBA by co-option. It is submitted that previous change of office-bearers of ,Salfi Textile Mills Labour Union was filed on 19- 1-2001 (Annex.P/1 to the rejoinder of the petitioners). According to section 7(I)(J) of I.R.O., 1969 the term of the office-bearer shall not be exceeding two years for which an officer may hold the office upon his election or re-election, and according to corresponding section. 6(1)(J) of I.R.O., 2002 the term of the office-bearer shall not be exceeding three years for which an officer-bearer may hold the office upon his election or re-election. Since the said term had already expired, the petitioners could not be elected on 10-9-2004 by way, of co-option according to the provisions of I.R.O., 2002 as well as constitution of the Union, as such the change of office-bearers submitted by the petitioners was rejected by the Registrar of Trade Unions, Sindh, Karachi vide his letter dated 7-10- 2004. It is submitted that the change of office-bearers submitted by Salfi Textile Mills Labour Union on 13-10-2004 was accepted by the Registrar of Trade Unions, Sindh, Karachi vide letter dated 21- 10-2004, Anex.R/lfiled with the reply, which shows that Muhammad Qamaruddin was elected 'as President and Abdul Zaman was elected as General Secretary of the Union. It is contended that application under section 20(2) of the I.R.O., 2002 moved by Shad Muhammad, petitioner No,2 claiming to be General Secretary of Salfi Textile Mills Labour Union on 15-9-2004 for holding secret ballot for determination of CBA was also rejected by the Registrar of Trade Unions, Sindh, Karachi.
Regarding the submission of petitioners thar Muhammad Afsar General Secretary of Salfi Textile Mills Workers Union had served notice under section 25(1) of I.R.O. 2002 in respect of charter of demands on the respondents after he was reelected as General Secretary of Salfi Textile Mills Workers Union. Mr. Faisal Mahmood Ghani, learned. Advocate for the respondents has contended that previous election of Salfi Textile Mills Workers Union was approved by the Registrar of Trade Unions, Sindh, Karachi vide letter dated 27-4-2001 wherein Muhammad Afsar was elected as General Secretary of Salfi Textile Mills Workers Union, but according to section 7(1)(J) of I.R.O., 1969, the term of the-office-bearer shall not be exceeding two years for which an officer may hold the office upon his election or re-election and according to corresponding section 6(1)(J) ofthe I.R.O., 2002 the term of the office-bearer shall not be exceeding three years for which an office-bearer may hold the office upon his election or re-election. It shows that either way the term of Muhammad Afsar, elected as General Secretary of Salfi Textils Mills Workers Union in 2001 had expired on 26-4-2004. Thereafter Muhammad Afsar will have no status of General Secretary of Salfi Textils Mills Workers Union. He has contended that the .Present change of office-bearers submitted by Muhammad Afsar, General Secretary of Salfi Textile Mills Workers Union in respect of elections allegedly held on 12-9-2004 has been rejected, as such notice under section 25(1) of the I.R.O., 2002 in respect of charter of demands dated 14-9-2004 served by Muhammad Afsar claiming to be General Secretary of Salfi Textile Mills Workers Union termed as industrial dispute is not validly raised industrial dispute in the eye of law. In support of his contention Mr. Faisal Mahmood Ghani, learned Advocate for the respondents has placed his reliance on unreported order dated 10-4- 2001 passed by the Division Bench of Hon'ble Supreme Court of Pakistan in Civil Petition No,3024 and 904-L of 2000 (MCB Staff Union of Pakistan versus Senior Member N.I.R.C. And 2 others), order of Hon'ble High Court of Sindh (Karachi) in Constitutional Petition No,S-170 of 2002 decided on 7-6- 2002 (General Secretary Port of Muhammad Bin Qasim Harbour and Dock Workers' Union and others v. C.B.R. And others) reported in 2003 PLC 207, and order of Full Bench of N.I.R.C. In the case of Iftikhar Ahmed Bhatti v. Haji Khan Bhatti and 5 others reported in 2001 PLC 165. It is contended that there are general and bald allegations of threats levelled by the petitioners in the petition, so also in affidavit in evidence. Neither any specific act has been shown nor any name of the person, who threatened the petitioners or date or time of such threats have been mentibned by the petitioners, the same fact also has been admitted by ,the petitioners in their cross-examination, as such it will not constitute unfair labour practice. In support of his contention Mr. Faisal Mahmood Ghani, learned Advocate for the respondents has referred order of Hon'ble Chairman, N.I.R.C. In case of Amjad Mahmood v. Zonal Head, United Bank Limited, Zonal Office, Jhelum and 2 others reported in 2001 PLC 702, and an order of Hon'ble Chairman, N.I.R.C. In case of Muhammad Shafi, UDC, W&S Directorate, CDA v. Capital Development Authority through Chairman, Islambad reported in 2001 PLC 718. It is contended that merely becoming a member of any union or submission of charter of demands by the CBA without any specific activity, which may cause annoyance to the respondents, will not constitute unfair labour practice. In support of his contention he has referred to order of Full Bench of N.I.R.C. In case of Chief Manager of Planning and Installation Telephone Industries of Pakistan v. Muhammad Saleem reported in 2003 TD (Labour) 411. He has contended that the petitioners have been attending the Commission on every date of hearing and neither therespondents have rejected their leave application to attend the case before this Commission nor any other action has been taken by the respondents. Ire has contended that jurisdiction of N.I.R.C. Is confined only to the cases relatable to the unfair labour practice. In support of his contention Mr. Faisal Mahmood Ghani, learned Advocate for the respondents has placed his reliance on judgment of Full Bench of Hon'ble Supreme Court of Pakistan in case of Iftikhar Ahmed and others v. President, National Bank of Pakistan and others reported in PLD 1988 Supreme Court 53, and judgment of Division Bench of Hon'ble Supreme Court of Pakistan in case of Malik Nazar Hussain v. National Bank of Pakistan and another reported' in 2004 SCM R 28. He has contended that the petitioners have led their evidence by way of affidavit-in-evidence regarding the facts not raised in the petition, which is not permissible, as it has been held in case of Messrs Choudhary Brothers Ltd., Sialkot v. The Jaranwala Central Co-Operative Bank Ltd, reported in 1968 SCM R 804 and in case of Abdul Haque and others v. Shaukat Ali and 2 others reported in 2003 SCM R 74. Next it is contended that after another change of office-bearers of Salfi Textile Mills Workers Union was accepted by Registrar of Trade Unions, Sindh, Karachi vide his letter dated 21-10-2004. Manzoor Hussain elected and approved General Secretary of Salfi Textile Mills Workers Union vide his letter dated 26-10-2004 had withdrawn the charter of demands dated 14-9-2004 given by Muhammad Afsar claiming to be General Secretary of Salfi Textile Mills Workers Union and Manzoor Hussain elected and approved General Secretary served a notice under section 25(1) of I.R.O., 2002 in respect of charter of demands dated 26-11-2004 and on such charter of demands Memorandum of Settlement has been executed between the respondents, and Salfi Textils Mills Workers Union
(CBA) on 11-12-2004, which has beenfiled with his statement by Shaukat Ali Malik, General Manager(Admn.) and Factory Manager on 18-12-2004. It is, therefore, contended that no case of unfair labour practice is made out. Beside Mr. Faizal Mahmood Ghani, learned Advocate for the respondents has pointed outparas-5 and 7 of affidavit-in-evidence of the petitioners, wherein it is stated that Muhammad Afsar, is their husband and he has submitted that such a stereotype affidavit-in-evidence is not worth to be considered. It is submitted that in cross-examination both the petitioners were confronted with paras-5 and 7 of their affidavit-in-evidence and they stated that these contents are wrong. It is also submitted that the petitioners in para-8 of their affidavit- in-evidence has stated that the respondents had transferred the petitioners from the post of Telephone Operator to the building of school. In cross-examination the petitioner No,1 stated that he has not mentioned in para-8 of his affidavit-inevidence that he was working as Telephone Operator and was transferred to building of school. Shad Muhammad, petitioner No,2 admitted that it is written in para-8 of the affidavit-in-evidence that he is working asTelephone Operator. It is contended by Mr. Faisal Mahmood Ghani, learned Advocate for the respondents that such an affidavit-in-evidence was not credible. It is submitted that Dur Rehman, petitioner No,1 in cross- examination has stated that he is working in security department and he has not been transferred from security department. He also has admitted that he is attending the Court on every date. Shad Muhammad, petitioner No,2 also has admitted in his cross-examination that he is attending the Court on every date and he is getting his full salary and there is no deduction from his salary, as such the contents of para-10 of the affidavit-in-evidence that the respondents had rejected leave applications of the petitioners for appearing before this Commission are belied by the petitioners by their own evidence. Mr. Faisal Mahmood Ghani, learned Advocate for the respondents has contended that the petitioners have deposed false and have led evidence even on the facts which are not mentioned in the petition, which is not permissible under law as held in case of Messrs Choudhary Brothers Ltd., Sialkot v. The Jaranwala Central Co-Operative Bank Ltd., reported in 1968 SCM R 804 and in case of Abdul Haque and others v. Shaukat Ali and 2 others reported in 2003 SCM R 74.
10. I have given my anxious consideration to the arguments advanced by Mr. Muhammad Khursheed, learned labour representative for the petitioner in his written arguments and Mr. Faisal Mahmood Ghani, learned Advocate for the respondents and have gone through the petition, reply statement and the evidence adduced by the parties.
11'. As stated in the petition Shad Muhammad, petitioner No,2 is registered Joint. Secretary of Salfi Textile Mills Labour Union. General Secretary and President of the Union resigned from their posts of office-bearers. Shad Muhammad, petitioner No,2 was functioning as General Secretary of the Union. Thereafter post of President and General Secretary was filled up by co-option in accordance with constitution of Salfi Textile Mills Labour Union. Dur Rehman petitioner No,1 was elected as President and Shad Muhammad, petition No,2 was elected as General Secretary on .10-9-2004. The change of office-bearers was submitted to the Registrar of Trade Unions, Sindb, Karachi on 15-9- 2004. Undated resignation of Muhammad Iqbal from the post of General Secretary has been filed as Annex.A/3 with the petition. Muhammad Iqbal has not been produced in evidence to show that Annex/A/3 is his resignation from the post of General Secretary of Salfi Textile Mills Labour Union and it bears his signature. Mere resignation of Muhammad Iqbal in absence of his evidence will not substantiate version of the petitioners. Regarding resignation of Muhammad Qamaruddin from the post of President neither resignation of Muhammad Qamaruddin has been produced nor Muhammad Qamaruddin has been examined to substantiate the version that Muhammad Qamaruddin had infact resigned and post of President of Salfi Textile Mills Labour Union had fallen vacant on 10-9-2004. The change of office-bearers and amendment in union constitution dated 11- 9-2004 filed as Annex.A./4 with the petition submitted by Shad Muhammad petitioner No,2 in the capacity of General Secretary of Salfi Textile Mills Labour Union to the Registrar of Trade Unions, Sindh, Karachi at page 19 of the petition shows that Muhammad Qamaruddin, President and Muhammad Iqbal General Secretary relinquished/resigned from the office of Salfi Textile Mills Labour Union on 10-9-2004 and Dur Rehman, petitioner No,1 was appointed as President and Shad Muhammad petitioner No,2 was appointed as General Secretary of Salfi Textile Mills, Labour Union on the same date i.e, 10-9-2004. There is nothing on record to show that on the same date i.e, 10-9- 2004 meeting of the managing committee and general body was held for elections of the offide- bearers by way of co-option. This change has been rejected by the Registrar of Trade Unions, Sindh, Karachi by letter dated 7-10-2004 and the Registrar of Trade Unions, Sindh, Karachi has accepted the change of office-bearers of Salfi Textile Mills Labour Union by his letter dated 21-10- 2004, wherein petitioners are not shown as office-bearers of the Union..
12. Even otherwise Annex.P/1 filed with affidavit-in-rejoinder will show that previous change of Salfi Textile Mills Labour Union was communicated to the Registrar of Trade Unions Sindh, Karachi on 19- 1-2001, which was accepted by the Registrar of Trade Unions, Sindh, Karachi vide Annex.P/1 wherein Muhammad Qamaruddin is shown as President, Muhammad Iqbal, as General Secretary and Shad Muhammad petitioner No,2 as Joint Secretary of Salfi Textile Mills Labour Union. According to S.7(1)
(J) of I.R.O., 1969 tenure of officer to hold office shall not be exceeding two years for which an officer may hold office upon his election or re-election and according to corresponding section 6(1)(J) of I.R.O., 2002 the tenure of an office-bearer shall not be exceeding three years for which an office- bearer may hold office upon his election or re-election through secret ballot. It shall appear that the change of office-bearers submitted on 19-1-2001 was accepted by the Registrar of Trade Unions, Sindh, Karachi, vide Annex.P/1 filed with affidavit-in-rejoinder. The period of these office- bearers General Secretary and President had already expired much before 10-9-2004, when they are said to have resigned from the post of President and General Secretary, therefore, they ceased to be office-bearers of Salfi Textile Mills Labour Union, as such resignation of Muhammad 'Qamaruddin from the post of President and resignation of Muhammad Iqbal from the post of General Secretary in the circumstances said to be obtained on 10-9-2004, will have no validity.
Petitioners' claim to have been elected as President and General Secretary of Salfi Textile Mills Labour Union by way of co-option in'accordance with constitution of theUnion. In other words they mean to say that they were elected on 10-9-2004 by co-option for remaining period of office- bearers elected in 2001, but since tenure of the office-bearers elected in 2001 approved by Registrar of Trade Unions, Sindh, Karachi vide Annex.P/1 filed with the affidavit-in-rejoinder had already expired, in my view, the petitioners could not be elected as President and General Secretary by way of co-option. Even otherwise change of office-bearers submitted by the petitioners has been rejected by the Registrar of Trade Unions, Sindh, Karachi vide letter dated 7- 10-2004, Annex.P/2 filed with the affidavitin-rejoinder. Against rejection order dated 7-10-2004 by the Registrar of Trade Unions, Sindh, Karachi and acceptance of change of office-bearers dated 21- 10-2004, the petitioners have filed Appeal No,7 of 2004 before Sindh Labour Court No,V, Karachi, which is pending.
13. According to the petitioners, Shad Muhammad, petitioner No,2, in the capacity of General Secretary of Salfi Textile Mills Labour Union submitted an application under section 20(2) of the I.R.O., 2002 for holding referendum for determination of CBA through secret ballot to the Registrar of Trade Unions. Sindh, Karachi, which has been filed with the petition and also an application seeking instructions/directions to the respondents in terms of section 20(15) of the Industrial Relations Ordinance, 2002. It therefore, appears that the petitioners have already invoked special provisions seeking their protection of termination, removal, retrenchment or transfer from the Registrar of Trade Unions Sindh Karachi, as such the petitioners cannot claim double protection under general provisions in the present petition. It is alleged that after submission of application for holding referendum to determine the CBA the respondents have threatened the petitioners to withdraw the application for holding referendum, otherwise their services will be terminated. The same is reiterated in the affidavits-in-evidence filed by the petitioners. This allegation has been denied by the respondents in their reply and also in affidavit-in-evidence by Shaukat Ali Malik, General Manager (Admn.) and Notified Factory Manager of the respondents. There are other cases also filed by other workers of the respondents, who claim to be office-bearers of Salfi Textile Mills Workers Union. It shall appear from the affidavits-in-evidence filed by the petitioners that contents of their affidavits-in-evidence are mixed up, so much so, that in paras-5 and 7 of their affidavits- in-evidence, the petitioners have mentioned that their husband Muhammad Afsar was elected as General Secretary of Salfi Textile Mills Workers Union in the elections held in 2001 and such change was accepted by the Registrar of Trade Unions, Sindh, Karachi vide letter dated 27-4-2001. Their husband Muhammad Afsar was re-elected as General Secretary of Salfi Textile Mills Workers Union in the elections held on 12-9-2004. The change of office-bearers was submitted to the Registrar of Trade Unions, Sindh,Karachi. In cross-examination, the petitioners have admitted that the contents of paras-5 and 7 of their affidavits-in-rejoinder are wrong. Para-8 of their affidavits-in-rejoinder shows that they have stated that they were transferred from the post of Telephone Operator and were directed to report in the building of school situated in the Labour Colony of the Mill. In fact this fact has been alleged by Shabana Amir, petitioner in Case No,4A(62)/2004-K who is wife of Muhammad Afsar, claiming to be General Secretary of Salfi Textile Mills Workers Union. This fact also has been made part of their affidavits-in-evidence by the petitioners. When confronted with para-8 affidavit-in-evidence, Dur Rehman, petitioner No,1 in his cross-examination replied that he has not mentioned in para-8 of his affidavit-in-evidence that he was working as Telephone Operator and was transferred to school in Labour Colony. Shad Muhammad, petitioner No,2 in cross-examination admitted that in para-8 of his affidavit-in-evidence it is written that he was working as Telephone Operator. Both petitioners admitted that these contents of their affidavits-in- evidence are wrong, Such stereotype affidavit-inevidence, wherein the facts and allegations levelled by other workers against the respondents have been verified on oath by the petitioners, in my view, have no credibility.
12. Moreover there are vague, bald and general allegations levelled by the petitioners their petition as well as in their affidavits-in-evidence and no specific role of their trade union activities has been mentioned by the petitioners. Dur Rehman, petitioner No,1 in his cross-examination has admitted that he has not specifically mentioned about his victimization but has generally stated. Shad Muhammad petitioner No,2 also has admitted in the cross-examination that he has not specifically mentioned name of officer and the specific act of victimization on account of his trade union activities in his affidavit-in-evidence but has given general instances of victimization on the part of respondents. Dur Rehman, petitioner No,1 in cross-examination has admitted that he is working as Security Guard and he has not been transferred from security department. He is attending the Court on every date of hearing. Shad Muhammad, petitioner No,2 also has admitted in his cross- examination that he is drawing his full salary and there is no deduction from his salary. It shall therefore, appear that the petitioners have not been able to establish a case of unfair labour practice against the respondents.
15. Shaukat Ali Malik, General Manager (Admn.) of the respondents in his cross-examination has denied that the respondents either victimized or threatened the petitioners to withdraw the application for holding of referendum from the office of Registrar of Trade Unions. Sindh, Karachi otherwise they will be terminated from service. He has also refuted the suggestion that the petitioners are elected office-bearers of Salfi Textile Mills Labour Union.
16. It is well-settled that general and bald allegations do not constitute unfair labour practice.
Reliance is placed on order of honourable Chairman N.I.R.C. In case of Amjad Mehmood v. Zonal Head, United Bank Limited, Zonal Office, Jhelum and 2 others reported in 2001 PLC 702 and order of honourable Chairman N.I.R.C. In case of Muhammad Shafi, UDC, W&S Directorate, C.D.A. v. Capital Development Authority through Chairman, Islamabad reported in 2001 PLC 718.
17. It is well-settled that N.I.R.C. Can assume the jurisdiction only in the case when there is element of unfair labour practice. I am fortified in my view by judgment of Full Bench of Honourable Supreme Court of Pakistan in case of Iftikhar Ahmed and others v. President, National Bank of Pakistan and others reported in PLD 1988 SC 53, wherein at page 66 it was held that the cases which the Benches are empowered to hear under the clause must have an element of unfair labour practices in them; it does not encompass cases where no allegation of unfair labour practices is made. It may be mentioned that sections 15 and 16 of the Ordinance set out instances of unfair labour practices on the part of the employers as well as workmen. It is, therefore, not right to construe the clause in question as conferring a general jurisdiction upon the Benches to entertain all kinds of grievance petitions even though they may not be relatable to unfair labour practices. Reference also is made to the judgment of Honourable Supreme Court of Pakistan in case of Malik Nazar Hussain versus National Bank of Pakistan and another reported in 2004 SCM R 28, wherein at page 31 it has been held that N.I.R.C. Has no jurisdiction to entertain the petition on behalf of the petitioners, without examining whether he has been made victim of unfair labour practice in accordance with the provisions of section 15 of the Industrial Relations Ordinance, 1969.
16. Regarding the documents attached with written arguments by Mr. Muhammad Khursheed, labour representative for the petitioner, it shall be pertinent to mention that since the same were neither filed with the petition nor produced with affidavit-in-evidence by the petitioners, the same cannot be considered as piece of evidence.
' For the aforesaid reasons and case-law referred I am of considered view that in the present case there is no element of unfair labour practice, as such the petition is not maintainable and not within the jurisdiction of this Commission, hence it is dismissed and order dated 29-12-2004, thereby confirming the interim stay dated 2-10-2004 is hereby recalled.