1. ' This judgment will dispose of the instant Appeal No, 38 of 1990 and the other five connected Appeals Nos, 39/1990 "Syed Qasim Shah v. NLC", 42 of 1990 "Abdul Jalal v. NLC" 43 of 1990, "Nadi Gul v. NLC" 44 of 1990, "Jehan Gul v. NLC", 5Z of 1990 and "Mchmood Khan v. NLC" as they arise under similar facts and present for decision common question of law.
2. ' Facts leading to the filing of the appeals are that the appellants were employed as drivers in the establishment of the respondents and had assumed the status of permanent workmen by lapse of time. They also with other drivers tried to form their trade union and the names of the office- bearers of the union were communicated to the management. This allegedly annoyed the respondents and they without notice and enquiry terminated the services of the appellants on the ground that their services were no more required. The grievance notice of the appellants was not answered and therefore they instituted grievance petition in the Labour Court which was dismissed through the impugned order on these grounds:--
(a) That the National Logistic Cell is fully controlled by the Army and it is an organization connected with incidentally the armed forces of Pakistan and therefore the Industrial Relations Ordinance is not applicable to it.
(b) In terms of section 1, subsection (3)(a) the National Logistic Cell Amangarh does not fall in the definition of the industry.
3. ' Both the learned counsel argued in support of their view points and the record was studied in the light of those submissions.
4. ' The evidence that was examined in the case consists of the solitary statement of the petitioner in support of his contention while on behalf of the respondents Mohammad Ashraf Khan Khalid Haveldar-clerk appeared as their sole witness. It is admitted position that the petitioners are civilian drivers and are not subject to any military law. Moreover, it is also admitted position that the appellants are not employed in the defence services and the statement of RW 1 also does not show that the National Logistic Cell Amangarh is working only for defence purposes. The evidence recorded in the case is too scanty and insufficient to prove as to under which enactment/statute the National Logistic Board was constituted and whether any statutory rules have been framed to regulate its functions or for that matter of the National Logistic Cell Amangarh. The statement of RW 1 is to the effect "I do not know much details about NLC because I am on deputation at NLC Amangarh from Pakistan Army" and again "However, loading and unloading is the private business of Afghan Commissionarate. I do not know whether in the remaining country NLC transports goods for private sector or not on payment. Similarly I do not know whether the services rendered by NLC all over the country to Army are compensated in the shape of payment of fare or not. The employees of NLC are paid salaries by the HQ of NLC at Rawalpindi and nobody is paid by the Army' and similarly some other portions reveal that he has not satisfactorily explained the formation of the National Logistic Board/National Logistic Cell Amangarh, the rules that govern them, the object they are created for and the functions they are to perform. On the other hand there are certain documents on the record which suggest that this organization functions as (sic) attached department of the Planning and Development Division of Government of Pakistan. For example para. II of Exh. RW-1/2 reads: "The NLC has its own authorisation of Table of Organization and Equipment suiting its role. However, for certain budgetting and planning purposes only, NLC functions as an attached department of the Planning and Development Division of the Government of Pakistan." Similarly a letter No, RWP/R&C/89/8782, dated 10-6-1989 from Director Employees Old-Age Benefits Institution to Lt.-Col. (Retd.) Mahmud Shah, Officer Incharge Administration National Logistic Cell refers to a Notification No,2(2)AD-1/79, dated 8-11-1979 issued by Planning and Development Division which reads "the NLC will have its own organization but for administrative purposes will be attached to the Planning and Development Division of the Government of Pakistan." Another document explains constitution of the National Logistic Beard as under:-- {{TABLE}} "Composition of the National Logistic Board has been revised as under:--
(a) Minister for Finance and Planning and Development Chairman
(b) Minister for Communications Member
(c) Minister for Railways
(d) Secretary-General, Planning and Development Division
(e) Secretary Finance Division
(f) Secretary Communications l
(g) Secretary Railways
(h) Quartermaster General Member/Secretary." {{TABLE}} ' In view of this state of record it is deemed proper to remand the case to the Labour Court to allow the parties to adduce additional evidence in order to show as to how the National Logistic Board/National Logistic Cell Amangarh were formed, what is the statute that governs their constitution and whether any statutory rules exist for regulating their functions and similarly to enable the parties to clarify the status of NLC Amangarh as to whether it exclusively functions for the benefits of Afghan Refugees and as to how on this count it can be exempted from the operation of the Industrial Relations Ordinance in terms of section 1, subsection (3)(a) and also to determine the applicability of the Standing Orders Ordinance.
5. Accordingly while allowing these appeals the impugned orders in all the appeals are set aside and the cases are remanded to the learned Labour Court to proceed in the matter in accordance with the above observations. Parties to appear in that Court on 16-11-1991. Parties would bear their own expenses of litigation in this Tribunal.