' As these 15 complaints involve common facts and questions of law. I propose to dispose of the same by this single order.
2. Complainants claim to be employees of accused Nos,1 to 3. According to them accused No,4 is Head Jobber but he is called contractor. Workers of accused Nos,1 to 3 including the complainants formed a trade union in the name and style of Abdullah Industries Contractors Employees Union. It was registered under the provisions of Industrial Relations Ordinance, 1969 (hereinafter referred to as the IRO). As soon as the accused received information about formation of the union under section 8-A of the IRO they allegedly put pressure on the workers including the complainants to dissociate from trade union activities. Since this demand was not accepted, the accused terminated their services on 6-2-1990 and thereby committed offence punishable undcr section 15(1)(d) of the IRO, 1969.
3. Accused Nos,1 to 3 have filed comments in which they have denied relationship of employer and emloyce between them and the complainants. Their case is that they were employees of Contractor Abdul Rehman accused No,
4. Since his contract was terminated with effect from 31-1- 1990 he terminated services of his employees on payment of salary of one month in lieu of the notice. The comments are supported by a number of documents. Accused No,4 has adopted comments of the remaining accused.
4. I have heard the learned counsel for the parties to determine whether there is sufficient ground to proceed against the accused.
5. Mr. Mahmood Habibullah, the learned counsel for the complainants submitted that the accused cannot be heard at this stage. Even notice should have not been sent to them. Order of this Court calling for comments of the accused is not warranted by law. As such the comments cannot be consideied.
6. This point was raised in the case of Attaur Rehman v. NIRC and others (1981 SCM R 255). The Supreme Court of Pakistan rejected the contention and held that dismissal of complaint by the learned Chairman NIRC on the basis of comments of accused supported by documentary evidence was quite in accord with NIRC (P & F) Regulations, 1973.
7. In order to proceed against the accused it must be shown that a prima facie case has been made out against the accused. The burden was upon the complainants but they have not produced an iota of documentary evidence to prove that they are employees of accused Nos,1 to
3. The accused on the other hand, have produced a number of documents which show that the complainants at one time or other were employees of accused No,4 who terminated their services whenever his contract was terminated.
8. The complainants have not produced certificate of registration of the union but papers produced by accused and not disputed by complainants unambiguously state that the union was formed by workers of Contractors of Abdullah Industries in the name and style of Contractors of Abdullah Industires Shama Workers Union.
9. The above-mentioned union had filed before this Bench a case being Case No,4A (02)/91-K (1991 PLC 502) in which they had claimed to be emloyees of the accused. This case was dismissed on the ground that such relationship did not exist between them.
10. The complainants had also filed grievance petitions against the accused being Applications No,27, 28, 29, 30, 32, 34, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 48, 50 and 51 of 1990. These petitions were also dismissed for want of relationship of Master and Servant between them by the Third Sindh Labour Court by an order dated 2-7-1991.
11. Unfair labour practice can be committed by an employer or union of employers or persons acting on their behalf. Since complainants are not employees of accused Nos,1 to 3 complaint cannot be maintained against them under section 15 of the IRO. Since accused No,4 had terminated the services of complainants due to termination of his own contract, and had paid them wages in lieu of notice, he cannot be said to have committed the offence.
' In the circumstances I am of the view that there is no reasonable ground to proceed against the accused. The complaints are therefore dismissed.
Complaints dismissed.