' This is a complaint under section 53 of the Industrial Relations Ordinance, 1969 read with Regulation 32 of the N. I. R. C . (Procedure and Functions) Regulations, 1973 filed by Rana Muhammad Iqbal, General Secretary, Irrigation Tubewell Workers Union, Main Bazar, Sheikhupura against Muhammad Siddique Chaudhry, Superintending Engineer SCARP-I, 4-Lyton Road, Lahore and two others. The complainant states that his union is registered by the Registrar of Trade Unions, Lahore Region vide No, 278/72, and recognized as C. B. A. The Tubewell Operators who are the members of his union are being victimized and harassed on account of their participation as members of the complainant's union, in that
(a) They are being forced to perform their duties 24 hours a day which is against the law and are not allowed wages for duty performed overtime or holidays.
(b) They are not provided liveries for the last two years.
(c) They are not paid house rent allowance which was to be paid from 1st July, 1982 to 31st December, 1982.
(d) They are not paid their legal wages which had become due as a result of revised pay scale allowed by the Government of the Punjab w. e. f. 1st July, 1983.
2. I have had the Chief Engineer Irrigation, Faisalabad to conduct inquiry in the matter. He has stated that they are required to perform their duties in accordance with the nature of their duty or work. In fact, the duty of this job, merely consists of switching on and off of the tubewells according to necessity at long intervals and, is very light work. The acceptance of this job by the complainant and others as such meant that they have accepted these terms and conditions of their service.
Since these terms and conditions of service apply to all tubewell operators and not the members of the Union alone, no prima facie case of unfair labour practice is made out.
3. As for the liveries, it is stated in the inquiry report that no liveries are authorised to the tubewell operators as no funds are earmarked in the yardstick approved by the Finance Department, Government of Punjab. Therefore, this allegation of the complainant that the issuance of the liveries is being delayed by respondents with a view to pressurising him and other members of his union to discontinue their labour union activities, etc. Is without substance.
4. As for the house rent allowance it is stated to be permissible to those civil servants who are not allowed official accommodation. In fact, all those tubewell operators who have not been provided with official accommodation are being allowed house rent allowance. The dispute is that the complainant terms the room provided by the Department as duty room and requires it to be so declared by Government so that house rent allowance could be given. The matter of granting house rent allowance to this case lies with the Secretary Irrigation, and not with the respondents.
On this ground no case of unfair labour practice is made out.
5.
5. As for the payment of legal wages it has not been shown that only those workmen who were the Members of the union have not been paid their legal wages by any of the three respondents due to their trade union activities. Also the name of not even a single person who has not been aid legal wages has been given, Consequently, no case of unfair labour) practice is made.
6. The upshot of the above discussion is that the complaint has no substance and is dismissed in limine.