BASHIR AHMED MEMON (MEMBER).--- The petitioners named above have filed the present petition under section 25(1)(8)(g) of the I.R.A., 2008 along with application under Regulation 32(2)(c) of NIRC(P&F) Regulations, 1973 and they have stated that they are employed with the respondents and had formed a trade union of workers actually employed and engaged by the respondents- Management in the name and style Messrs China Yuncheng Plate Making Co. Employees Union on 25-1-2009 and application was submitted for registration of the said union to the Registrar of Trade Unions, Sindh, Karachi. All the petitioners are office-bearers of the said union. After receiving information about formation of the union the respondent-Management has turned up hostile against the petitioners and started victimizing the petitioners, as such petitioners are apprehending acts of unfair labour practice in the shape of transfer, gate stop etc. By the respondents; which are acts of unfair labour practice.
3 (sic). Along with the petition the petitioners have filed application for registration of the union, list of office-bearers and also notice under section 10 of. I.R.A., 2008. The petitioners therefore, have prayed for restraining the respondents from taking any adverse action in respect of employment of the petitioners.
4. While admitting the petition interim prohibitory order was passed against the respondents. The respondents filed their comments on main petition and counter-affidavit on stay application. The respondents have vehemently denied the allegations of unfair labour practice and formation of the trade union is also denied. The respondents have denied to have received any intimation regarding formation of the trade union. It is also stated by the respondents that the respondents- Management has another factory at Lahore whereas the Head Office is at Karachi and while forming the bade union the employees of both the factory as well as Head Office have to participate and only thereafter the petitioners can approach for registration of the union and that can only be registered as Industry-wise Trade -Union with RITU, NIRC and not with local Registrar as has been stated by the petitioners. It is stated by the respondents that such objection was raised before the Registrar of trade Unions, Sindh, it is why the petitioners' union has not yet been registered by the Registrar.
5. I have heard Mr. M. Siddique Malik, labour representative for the petitioners and Mr. S.M. Yaqoob, learned counsel appearing on behalf of respondents.
6. Both the learned counsel appearing for the parties at the time of their arguments have reiterated the facts and circumstances, which have been mentioned in the petition as well as comments and counter-affidavit filed by the respondents.
7. Admittedly the petitioners' union has not yet been registered and the present petition has been filed by the petitioners in their individual capacity because their union has not been made one of the parties. Even otherwise only general and bald allegations have been made without any substance and no specific instance of unfair labour practice has been quoted. Petitioners have failed to prove apprehension that they are being removed or terminated from service due to formation of the trade union. At the time of arguing the present petition on 4-6-2009 petitioners have submitted an application for summoning the record and proceedings of Messrs China Yuncheng Company Staff Union ultimately registered on 7-5-2009 by Registrar of Trade Unions, Sindh. In this application it has been claimed that Registrar of Trade Unions, Sindh has registered the union of the petitioners and even though no registration certificate has been appended with the application. Therefore, it will not be warranted by this Bench of Commission to summon the record from the Registrar of Trade Unions, Sindh. It is duty of contesting party to produce relevant record in support of his case.
In view of the above facts and circumstances I am of the considered opinion that petitioners have failed to make out a case of unfair labour practice. Even balance of convenience is not in their favour particularly when it is asserted by the respondents that they have two establishments one at Lahore and another at Karachi and it is why the local Registrar has not registered their union.
Accordingly while dismissing the stay application I also dismiss the main petition.
' Petition and .