DECISION On 1st February, 1975, Syed Abul Mahasin, Factory Manager, Premier Tobacco Industries Limited.
Jehangira lodged a complaint under section 53 of the Industrial Relations Ordinance, 190 against the 5 accused whose names are noted in the margin:
(1) Iqbal Ahmad Qureshi.
(2) Sarzamin Khan.
(3) Amir Mohammad.
(4) Redan Shah.
(5) Inayatullah.
The facts enumerated in the complaint may briefly be stated as follows:-
2. The complainant is the Factory Manager of Premier Tobacco Industries Limited, Jehangira, Tehsil Nowshera, District Peshawar. There is another factory under the name of Central Tobacco Corporation Ismaila, District Mardan which has been taken on lease by the Premier Tobacco Industries Limited. Besides, there is another factory taken on lease by the Premier Tobacco Industries Limited at Sakhakot. All these three factories are engaged in the manufacturing of Cigarettes etc. Syed Abul Mahasin (complainant) is the Factory Manager controlling all the three factories. The number of the workers employed in Premier Tobacco Industries Limited, Jehangira is 575 while the number of workers in the other to factories is 237. All the workers of these factories have formed to Unions; one is called "Premier Tobacco Industries Employees' Union" and the other is known as "Premier Tobacco Industries Workers Union. The latter Union was defeated in the referendum held on 14th September 1974.
Since then, the former Union (Employees' Union) has been declared as the CBA. Iqbal Ahmad Qureshi (accused No. 1), Sarzamin Khan (accused No. 2) and Amir Mohammad (accused No. 3) are the General Secretary, Vice-President and Member of tie Executive Committee of the "Employees'
Union" respectively. Redan Shah (accused No. 4) and Inayatullah (accused No. 5) are the Treasurer and President of "Emplo3ees' Union" of the General Tobacco Corporation Branch, Ismaila District, Mardan.
On 7th July 1974, a Memorandum of Settlement (Exh. P. 1) was signed between the parties which was to remain in operation for a period of to years. According to this agreement the then C.B.A. Had stipulated not to raise any demand involving financial implications. Earlier in February, 1973, Iqbal Ahmad Qureshi (accused No. 1) fomented an illegal strike which was, however, prohibited by the High Court, Peshawar by its order dated 6th 14arcb, 1973 (Exh. P.2). He (Iqbal Ahmad Qureshi) was charge-sheeted and subsequently dismissed from service. He again tried to create upheavals in the factories but was restrained from doing so by the Commission on 5th September, 19"4 (Exh. P.4).
However, on 16th November cordial relations were restored between the parties as a result of which the complaint filed by Syed Abul Mabasin (complainant) was allowed to be withdrawn. Since his dismissal from service Iqbal Ahmad Qureshi (accused No. 1) has been trying to get himself re- instated. Accordingly, in December, 1974 he raised demands that he should be re-instated and that the workers be allowed one extra holiday for 24th December, 1974 in addition to five Eid Holidays from 25th to 29th December, 1974 declared by the Government. The Management refused to accede to his demand with the result that at the instigation of Iqbal Ahmad Qureshi (accused No. 1), Sarzamin Khan (accused No. 2) and Amir Mohammad (accused No. 3) the workers of Premier Tobacco Industries Limited, Jehangira observed strike on 24th December, 19?4. The workers of the Central Tobacco Corporation, Ismada, at the incitement of Iqbal Ahmad Qureshi (accused No. 1), Redan Shah (accused No. 4) and Inayatullah accused No. 5) closed the factory at 11-00 a.m. On 24th December, 1974 till 6-00 a.m. On 25th December, 1974. Later, on 6th and 7th January 1975, Iqbal Ahmad Qureshi (accused No. 1) incited the workers to be ready to adopt "go-slow tactics to compel and pressurize the Management to accept their demands which would be raised in the near future. On 24th January, 1975. He submitted a Charter of Demands (Exh. P. 5) but the Management refused to accept it on the score that during the currency of the previous agreement, it did not behave the Union to raise fresh demands. Thereupon, the accused incited the workers of Premier Tobacco Industries Limited, Jehangira and Central Tobacco Corporation, Ismaila to adopt "go-slow" tactics in right earnest as a result of which there was a colossal strike for one hour on 27th January, 1975 in the Premier Tobacco Industries Limited, Jebangira. All these tactics were adopted to intimidate the Manage--ment to get their demands accepted.
3. The preliminary statement of Syed Abul Mahasin (complainant) was recorded the same day (1st February, 1975). Thereafter, notices were issued to the accused to appear before the Commission to rebut the allegations of unfair labour practice made against them.
4. At the trial, the case of the prosecution as detailed above was supported by Syed Abul Mahasin, Factory Manager (complainant), Abdul Rahim Leaf Manager, P.I.T., Jehangira and Syed Mohy-ud- Din, Production Manager, Central Tobacco Corporation, Ismaila as P. W. 1, P. W. 2 and P. W. 3 respectively. The first to P. Ws. Unequivocally stated that the trouble in the Premier Tobacco Industries Limited, Jenagira started at the instigation of the three accused namely Iqbal Ahmad Qureshi (accused No. 1), Sarzamin Khan (accused No. 2) and Amir Mohammad (accused No. 3). All the three accused incited the workers to commence strike on 4th December, 1974 because the Management had not agreed to re-instate Iqbal Ahmad Qureshi whose services had been terminated three months earlier, and had also refused to declare 24th December, 1974 as holiday.
Later, when the Management expressed their helplessness to accept the Charter of Demands (Exh.
P/5) served on them on 24th January, 1975, the workers at the instigation of the five accused observed "go-slow" tactics at P. I. T., Jehangira and C. T. C., Ismaila. Syed Abul Mahasin Factory Manager (P. W. 1) also deposed that on 4th January, 1975 Iqbal Ahmad Qureshi (accused No. 1) entered the factory and made provocative speech inciting the workers to commence illegal strike as a result of which the entire work--force stopped work for one hour. In short, they (P. Ws.) attributed the strike and "go-slow" tactics etc. In P. T. I., Jehangira at the instiga--tion of the accused. The Factory Manager (P. W. 1) also produced chart (Exh. P. 6) duly signed by the Inspector, Central Excise Land Customs ; Incharge, Premier Tobacco Industries Limited, Jehangira in token of correctness that there had been "go-slow" as a result of which the Government had suffered a loss of Rs. 5,15.364 of Excise Duty & Surcharge on Cigarettes and Tobacco from 21st January, 1975 to 30th January, 1975. Syed Mohy-ud-Din (P. W. 3) who is the Production Manager of Central Tobacco Corporation, Ismaila corroborated the statements of other to P. Ws. By deposing that at the instructions of Iqbal Ahmad Qureshi (accused No. 1), Redan Shah (accused No. 4) and Inayatullah (accused No. 5) the workers adopted "go-slow" tactics. According to the chart Exh. P/15 prepared by him the production had gone down from 30 per cent. To 50 per cent. During the 4 days t e , from 25th to 28th January, 1975. He further deposed that all these tactics were adopted by the workers to get their demands accepted He added that on 24th December, 1974 the factory remained closed from 11.00 a.m. To 6-00 a.m. (25-12-74).
5. After the close of the prosecution case, the accused denied the allegations of the prosecution.
Briefly stated, they denied that they were responsible for inciting the workers to adopt "go-slow" tactics or for having incited them to commence illegal strike. They produced four witnesses in defence. Majid Aziz (D. W. 1) is a Supervisor while Said Hamid (D. W. 2) is a worker of Premier Tobacco Industries Limited, Jehangira. They denied that the workers had adopted "go-slow" tactics or that they had observe3 strike on 24th December, 1974. They further deposed that the Management generally wasted the in advising the workers to cease to be the members of the Union and as such the production was "slow". Majid Aziz (D. W. 1) also stated that some machines were defective resulting in low production. In this connection, reference was made to Exh. P/4. In the cross-examination, both of them admitted that they had been placed under suspension by the Management on the charge that they had assaulted the Factory Manager on 1st March, 1975. They also admitted that they had been in the Police custody for 10 days in connection with the assault case. The other to witnesses namely Mian Khan (D. W. j) and Guldez Khan (D. W. 4) are the workers of the Central Tobacco Corporation, Ismaila. Both of them unanimously stated that on 24th December, 1974 at about 12 noon, Syed Mohi-ud-Din. Production Manager (P. W. 5) came there and informed the workers that it was holiday and, as such, they (workers) should go to their homes. In short, they stated that the factory had been closed at the behest of the Production Manager (P. W.
51.
6. Discussion.---As noted above, the case of the prosecution is short and simple. The prosecution evidence discloses that the Management had dismissed Iqbal Ahmad Qureshi (Accused No. 1) from service in September, 1974 and thereafter, he tried for his re-instatement but the Management refused to do so. Iqbal Ahmad Qureshi (Accused No. 1) also made a demand that the workers be allowed holiday for 24th December, 1974 in addition to the 5 holidays ordered by the Government in connection with Eid-ul-Azha from 25th to 29th December, 1974. He, however, continued to pester the Management for his re-instatement. Eventually, on 24th January 1975 he submitted a Charter of Demands (Exh. P/5) which was turned down by the Management.
Throughout December, 1974 and January, 1975 he and other to accused namely Sarzamin Khan and Amir Muhammad had been instigating the workers to adopt "go-slow" tactics to pressurise the Management as a result of which the Government suffered a loss of Rs. 5,15,364 during the 8 days as certified by the Inspector, Central Excise & Land Customs; Incharge Premier Tobacco Industries Limited, Jehangira (Exh. P/6). There was also one hour token strike on 27th January 1975. As against this the defence version has not been substantiated. Majid Aziz (D.W.1) has partly admitted that there was "go-slow". He, however, attributed it to the Management who wasted much the in advising the workers to cease to be the members of the Union. He further deposed that a report was made on 13th January, 1975 regarding defects in the machine. During the cross-examination, he admitted that he identified the signature of Wasi--ul-Baqi at `A' on Exh. P. 27 wherein on the same day, he had noted that the machine had been repaired and was in working order. Similarly, he admitted that the reports Exhs. P. 16 to P. 26 were in his hand which reveal that the machines were quite in working order. It is, therefore, abundantly clear that the allegation that the production was low due to defects in machines, has not been made out, Apart from this, no reliance can be placed on those to defence witnesses (Majid Aziz D. W. 1) and (Said Hamid D. W. 2) because they have resentment against the Management who involved A them in an assault case as a result of which they remained in the lock--up for I1 cays from Ist to 11th March, 1975. They are also members of the same Union to which the accused are the office-bearers. Suffice it to say that Said Hamid (D.
W. 2) only stated that the accused had never incited the workers to adopt "go-slow" tactics and that no HARTAL took place in December, 1974 or in January, 1975. The other to witnesses namely Mian Khan (D. W. 3) and Gudez Khan (D. W. 4) who belong to Central Tobacco Corporation, Ismaila admitted that the factory at Ismaila was closed at 12 noon on 24th December, 1974 at the benefit of Syed Mohy-ud-Din, Production Manager who informed them that it was Holiday. Surprisingly enough, when Syed Mohy-ud-Din appeared as P. W. 3, no question was put to him whether or not he had ordered the closure of the factory on the ground that it was holiday on 24th December, 1974. It is therefore, clear as broad daylight that it is an afterthought on the part of these to witnesses to attribute the closure of the factory to Syed Mohi-ud-Din, Production Manager.
Accordingly, it stands proved that the factory at Ismaila was closed as deposed by the prosecution witnesses.
7. As discussed above, the defence evidence is stereotyped and is, accordingly brushed aside from consideration. In short, the prosecution evidence has succeeded in proving the case to the hilt against the five accused. 1, therefore, hold all of them guilty under section 53 of the Industrial Relations Ordinance, 1969 for having contravened the provisions of section 16(1) (d) & (e) of the said Ordinance. The question of sentence, however, requires some determination. Iqbal Ahmad Qureshi (accused No.1) appears to be the moving spirit. It is he who has been playing main role in the affairs. He had a grouse against the Management who had dismissed him from service in September, 1974. Thereafter, he tried for his re-instatement and on one pretext or the other, instigated the workers to commence strike and to adopt "go-slow" tactics resulting in colossal loss to the Company and the Government. I, accordingly, convict him (Iqbal Ahmad Qureshi (accused No. 1) under section 53 of the Industrial Relations Ordinance, 1969 for having contravened the provisions of section 16(1)(d) & (e) of the said Ordinance and sentence him to one year's R. I.
Together with a fine of Rs. 500 (Rs. Five hundred only); in default of payment of fine further R. I. For 6
(six) months.
The other four accused namely Sarzamin Khan (accused No. 2), Amir Muhammad (accused No. 3), Redan Shall (accused No. 4), together with a fine of Rs. 250 (Rs. To hundred and fifty only); in default of payment of fine, further R.1. For three weeks each, would meet the ends of justice, and I order accordingly.
6. Since all the 5 accused are office-bearers of Premier Tobacco Industries Employees Union, I direct that they shall cease to hold the office of such 'Trade Union and are disqualified from holding any office in any Trade Union during the term immediately following the term in which they so cease to hold office.