1. Arguments heard.
2. Complainant Irfan Hussain, General Secretary of the United Liners Agencies of Pakistan Limited Employees Union sought action according to law against the Managing Director of the United Liners Agencies of Pakistan Limited under section 15 read with section 53 of the Industrial Relations Ordinance, 1969. The main ground in the complaint is retrenchment of three of the employees/ members of the Union, which according to the complainant was due to "false grounds of crisis prevailing in the shipping trade and loss of some main agencies of the Company". It was mentioned in the complaint that previously also attempts had been made to get rid of some of the employees by drawing up departmental proceedings against them but then the matter was settled through agreement dated 13-3-1985 in the result of which the charge --sheets against those employees were withdrawn. In these comments the respondent-Management admitted the factum of retrenchment but denied the other allegations and explained that "crisis in shipping trade which started in late 1981 or early, 1982 in Pakistan and all over the r world is still there and it has become acute with the passage of time", It was further stated that the Company had "lost its all main shipping lines mentioned below:--
(a) Messrs Manta Line Inc., Greece,
(b) Messrs Clipper Orient Line, London,
(c) Messrs Willine--Oslo,
(d) Messrs Spanish Orient, Gulf Line, Madrid,
(e) Messrs Tomoe Shipping, Singapore,
(f) Messrs Waterman Steamship Corporation, New York.
3. It was also commented that "to avoid and minimize retrenchment, the Company did not employ any replacement from 1982 of the 10 employees /officers separating from the Company's service" It was further explained that the retrenchment, covered some officers also namely, Amir Badshah, Assistant and Sajid Jawaad, Supervisor. The retrenchment' therefore, according to the respondent was "bona fide and legal and has nothing to do with the union or trade union activities of any employee".