This is a petition under section 22-A(8)(g) of the I.R.O., 1969 read with Regulation32(2)(c) of N.I.R.C.
(P & F) Regulations, 1969 filed by the petitioners stating therein that they have their main factory since 1958 on the Plot No. D-112, SITE, Karachi and the other at Plot No. C-1-B, Manghopir Road, SITE, Karachi. That since from 1979 when the respondents' union was registered by the Registrar on 14-6- 1979 and the same was declared C.B.A., there has been cordial understanding between the union and the management as the petitioners' Organisation have been treating its workers justly and properly providing them all the legal emoluments including the facility of Provident Fund, subsidised canteen with free Roti without limit etc. That due to the disturbances and frequent strikes since last to years, the factory work and production was continuously suffered; therefore the petitioner set up its another factory at 125-B, Kot Lakhpat Industrial Area, Lahore where in the same structure had already been made for future needs and for that process the factory has to shift its partial production and some workers to be transferred from Karachi factory to Lahore and consequently the petitioners retrenched surplus workers gradually after September, 1995.
Incidentally it is maintained that the workers have set up their to unions. That on 3-10-1995 the petitioners received a registered envelope and while opening it was found containing a blank paper. It was also not disclosed that who had sent that blank paper envelope. However in the due process of law the petitioners maintain that they have terminated the services of some of the workers as per law and termination letters were issued to the workers from 31-10-1995 onwards. The respondents' union also in the meanwhile filed not maintainable four complaints bearing Nos.4(51) to 4(54)/95-K under section 53(1-A) of the I.R.O., 1969 by M/s. Abdullah Jan, Azizullah, Fiaz Muhammad and Ali Muhammad respectively claiming to be active members of the said Mazdoor Ittehad Union. However in the meanwhile there was created enimosity between to rival unions in the petitioners' industry and instead of adopting normal peaceful and legal means the said Mazdoor Ittehad Union in a bid to get its popularity sprung up as C.B.A. And started adopting illegal and foul means and various illegal tactics and unfair labour practice to force and compel the workers to become its members and to pressurise the petitioners to accept their demands such as to cancel transfer orders and take back the retrenched workers and resorted on tactics of forming, compulsion, pressurization, intimidation, coercion for acceptance of their illegal demands as per their dictates and therefore in this petition they have claimed number of reliefs.
2. I must say that invariably in these type of petitions number of prayers are joined together which are not material.
3. To me the following material prayers have been made which require consideration i.e. Paras. Nos.2, 3 and 4 which are reproduced herein under from the petition under section 22-A(8)
(g) of the I.R.O., 1969:
(ii) To direct the respondents in particular and through them all their member workers of the company in general not to continue, repeat, commit and resort to any unlawful acts, sit in strike, strike, go-slow hunger strike, and type of agitation, pressurization, coercing, intimidation or any other at amounting to unfair labour practices and bring complete normalcy in and around the company and do their normal work, and ensure discipline in the company; (i.e) To direct the respondents and persons connected with theist and the workers connected with them to refrain from causing any damage whatsoever to building, offices, vehicles, other assets, materials and property whatsoever nature of the company coercive activities, wearing of arm bands, threats of violence slogans, demonstrations, processions, hoisting flags, display of banners, placards, posters and distribution thereof;
(iv) To direct and prohibit the respondents in particular and all other workers of the company connected with them in general to refrain from doing any at to conduct themselves or their affairs in a manner calculated to avoid occurrence of unfair labour practices.
4. Interim order under Regulation 32(2)(c) of N.I.R.C. (P & F) Regulations, 1973 was passed granting the interim relief vide orders dated 29-11-1995.
5. The case of the respondents in their para wise comments and counter---affidavit consisted of legal objections to the effect that (i) no cause of action to bring this petition, (ii) no unfair labour practice was committed etc.
6. On facts it is maintained that the office-bearers and active members were retrenched and transferred by way of unfair labour practice. However it is admitted that taking out of the procession, raising of slogans and banners outside the factory is a right of the workers and such actions do not amount of unfair labour practice on behalf of the workers. All allegations made in the petition against the respondents are denied to be untrue.
7. I have heard the advocates of the parties and read the pleadings of the parties.
8. I have read the affidavit of P.W. Tajamul Hussain Chishti the General Manager of petitioner company and also the cross-examination of his witnesses. I find that the respondents have failed to shatter that it is incorrect he was telling the untruth.
9. I have also read the evidence of D.W. Nisar Ali the General Secretary of the respondent-union. He admits that he and the retrenched workers have filed their cases under section 25-A of the I.R.O., 1969 which are pending in the Labour Court. He admits that his union became C.B.A. On 8-2-1996.
His evidence does not inspire the confidence as he has a definite grievance of the petitioner and therefore he has gone to Labour Court. No other independent witness has been examined to rebut the allegations made by the petitioner on oath.
10. After considering all the proceedings of this case I am of the confirmed view that the petitioners are allowed to the prayers made in paras. A Nos. 2 to 4 mentioned above and therefore the respondents in particular and all their members are prohibited not to continue or resort to any unfair labour practice or resort to any type of strike, go slow, hunger strike illegal agitation, coercion, pressure or intimidation to compel the petitioners to accept their illegal demands etc. And further they are further directed not to cause any damage to the building, office, vehicles and other assets etc. And further they are restrained from doing any at and to conduct their affairs and themselves in a manner calculated to avoid occurrence of unfair labour practice.
Announced in open Court, this 27th day of May, 1996.