AWARD AGHA IMDADALLY (CHAIRMAN).-This is an application tinder section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance) brought by Shan Industrial Mazdoor Union against Shan Industries Ltd., S. I. T. E., Karachi.
2. In the application the case of the Union as disclosed is that workers of the respondent Industry formed a Union named and styled as Shan Industries Mazdoor Union oil 8th February 1970, and the office-bearers of the Union on elected. Information regarding this is said to have been transmitted to the Respondent Industry on 11th February 1970 by a letter copy of which has been attached to the application and marked `A'. The Union was also got registered subsequently.
3. It is alleged that when the information about the formation of the Union and election of its office- bearers by the letter dated 11th February 1970, aforesaid was communicated to the Management of the respondent Industry the latter let loose a reign of terror, harassment and victimisation as well as resorted to unfair labour practices against the member of the Union in general and office- bearers, as also active members thereof in particular. Due to these actions it is also alleged that the following three workmen of the respondent Industry have wrongfully and illegally been locked out from service as from the dates shown against each below without being given any notice in writing under sections 26 and 28 of the Ordinance and/or obtaining the requisite permission from the authorities concerned :-
1. Mr. Zamurrad Beg.-President with effect from 2nd March 1970.
2. Mr. Abdul Khaliq.-Joint Secretary with effect from 23rd February 1970.
3. Mr. Shaikh Maqsood.-Active Member with effect from 30th May 1970.
4. The application further discloses that the three workers above-mentioned were called by Ahmad Seth on 13th February 1970, and again by him on 17th and 21st February 1970, in presence of Shan Seth and the former threatened them to with--draw the Union's application which was pending for registration with the Registrar of Trade Unions or to relinquish their offices. On their refusal to abide by his bidding these workmen are alleged to have been locked out from employment illegally and due to the motives of revenge only because of their legitimate Trade Union activities. This action on the part of the, respondent Industry is described to be arbitrary and in clear contravention of the relevant provisions of labour laws.
5. The said three locked-out workers approached the Management repeatedly and requested for their re-instatement but without any result. The applicant Union is also said to have sent a latter dated 26th March 1970, addressed to the Director of the respondent Industry for re-instatement of these workers copy of which is attached to the application and marked as 'B' which too did not produce any result, and hence this application praying that the lock out aforesaid be declared as illegal and the respondent Industry be directed to re-instate the three workers locked out as mentioned above on their duties from the respective date of their lock-out with full wages and other benefits.
6. After the above application was lodged in this Court the case was registered and summonses were ordered to be issued on the respondent Industry for appearance on 17th November 1970, with directions to file the reply statement, On 17th November 1970, no one was present on behalf of the respondent Industry and the summons on it was held duly served hence they were placed ex parte and the applicant-- Union was allowed to furnish ex parte proof. Accordingly on behalf of the applicant Union affidavits by way of ex parte proof have been sworn by Abdul Khaliq and Zammarrad Beg. The former is General Secretary of the applicant-Union and the latter is the President of the Union and is working as a Weaver in the respondent Industry since 23rd August 1968 as these affidavits disclosed.
7. Both those affidavits disclosed the same facts and can be said to be almost identical. Both the Deponents have in substance stated that they were working as Weavers in the respondent Industry with diligence since their appointments but the Respondent Industry started persecuting both of them and the third workman Shaikh Maqsood, who is shown to be the active member of the Union for their bona fide Trade Union activities and although these two Deponents and the third workman Shaikh Maqsood were regularly attending to their duties but they were locked out, Zamurrad Beg with effect from 2nd March 1970, Abdul Khaliq with effect from 23rd February 1970, and Shaikh Maqsood with effect from 30th May 1970. These workmen then made representations Management of the respondent Industry but could not get any relief or remedy. Thereafter they carried on correspon--dence with the Industry which is said to have been filed for perusal of this Court. The affidavits further disclosed that the applicant Union was formed on 3rd February 1970, and an application for its registration was sent to the Registrar of Trade Unions on 11th February 1970. Seth Ahmad of the respondent Industry called the three locked-out workers mentioned above on 13th February 1970 and again called them in presence of Shan Seth on 17th and 21st of February 1970 when he threatened them to withdraw the Union's application for registration or relinquish their offices. Upon their refusal to comply with his wishes the respondent Industry who wanted to take revenge for their legitimate activities of the Union illegally locked out these workers. The Union then addressed a letter dated 26th March 1970, to the Director of the respondent Industry for re- instatement of ft workers but this also did not produce any, result. A postal, receipt for despatching this letter, dated 27th March 1970 has been attached to the affidavit of Abdul Khaliq and marked as `A'. The Union then sought the help of the Directorate of Labour Welfare, Karachi but the said Directorate advised it to approach this Court under section 15 of the Ordinance copy of which letter of advice dated 1st May 1970, has been attached to the affidavit of Abdul Khaliq and is marked as 'B'
These affidavits lastly show that the locked-out workers are poor men and have large families to maintain hence they have bean reduced to a miserable plight by being locked-out from services by the respondent Industry.
8. The evidence adduced by the two affidavits mentioned above disclosing the facts as I reproduced hereinbefore has not been rebutted by the other side which has been placid ex parte, as already mentioned, hence this evidence by affidavits is to be accepted as correct as it also seems natural and probable as well as rings true. On these facts as shown it is abundantly clear that the Management has commenced and resorted to lock-out of the three workmen mentioned above Illegally as obviously this action is taken without complying with the relevant provisions in the labour laws on the subject of lock-out as such this lock-out being illegal the remedy is secured to the workmen under section 45 of the Ordinance, therefore. I pass an award that the respondent Industry shall desist from continuing this lock-out and shall allow the three workers mentioned above to resume their work which they were doing at the time of the said lock-out and I also order that for the period for which they have been kept locked out and until they actually resume work they shall be paid their full average wages or salaries which they drew at the time of this lock-out. I also further direct that the employ--ment of these workmen shall not be deemed to have broken since their respective dates of lock out and they shall be taken back as ordered with all other full benefits admissible to them under the relevant laws.
9. This award shall be implemented within 15 days hereof.
Announced this 16th day of December 1970 in open Court.