1993 PLP 492 (PLC)

Date of hearing: 19th November, 1992. This is an application by 19 office‑bearers of Shaheen Airport Service Employees' Union praying for a direction to the respondents not to dismiss, terminate, discharge or otherwise punish the applicants office‑bearers of the Union till disposal of Constitution Petitions Nos. 229/88, 504/88 and 1037 of 1988, 630/90 and 745 of 1990 pending before High Court of Sindh and Civil Appeals Nos. 44/92‑K, 103/K and 108‑K to 111‑K and 113‑K to 116‑K all of 1992 pending before Supreme Court of Pakistan and to refrain from committing any other act of unfair' labour practice.

2. The case of the applicants is that they are officers of the said Union which is CBA for the workmen employed in the establishment of respondents. The respondents severally and collectively committed unfair labour practice by extending threats, exerting pressure and causing intimidation to the officers of the union and terminating them from service by reason that they have formed a union and are participating in the promotion, and activities of the trade union.

3. It is alleged that soon after the formation/registration of the union in the year 1983‑84, the respondents terminated the services of Shabbir Usmani and Amir Abdullah, the General Secretary, and Vice‑President of the Union, respectively. Their cases are now pending before Hon'ble Supreme Court of Pakistan being Civil Appeal No. K‑44/92. Again in November, 1986 services of 19 office‑bearers of the Union were terminated during the pendency of an industrial dispute. Their cases are pending before Supreme Court of Pakistan being Civil Appeals Nos. 103‑K, 108‑K to 111‑K, 113‑K to 116‑K of 1992. Services of two Members Officers of the Union were also terminated on account of their trade union activities in 1985‑

86. Their cases are also pending before the High Court of Sindh being Constitution Petitions Nos.229/88 and 504/88.

4. It is alleged that whenever the cases of abovementioned workers come up for final hearing before the superior Courts Airport Passes of the Officers of the Union issued by Airport Security Force are cancelled at the instance of respondent with the result that their services are terminated simpliciter by a notice of termination.

5. The respondents have denied these allegations in their comments and have stated that Karachi Airport is a highly sensitive security area which is looked after by the Airport Security Force (ASF). With the increase of incidence of terrorism and high jacking of aeroplanes the security has been tightened at the Airport. Passes for entry of employees of all agencies including the respondents in the Airport area are issued by ASF. All the agencies submit details of their employees to come with their undertaking. The ASF issues necessary security passes to them after due investigation but the process of investigation continues as the result that if any employee of an agency is found Security Airport entry pass is cancelled/withdrawn. No agency operating at the Airport including the respondents have any say in the matter. Airport entry passes of 9 employees in Case No. K‑44 of 1992 were cancelled by ASF and as such they could not perform their duty in the restricted area. The respondents were therefore constrained to terminate their services. Their grievance petitions failed before Labour Court, Labour Appellate Tribunal and the High Court of Sindh. Now their appeal is pending before Supreme Court of Pakistan. The cases of Shabbir Usmani and Amir Abdullah were also dismissed by Labour Court and the Sindh Labour Appellate Tribunal. Their appeals arc now pending in the Supreme Court of Pakistan being Petition No. 458‑K of 1991. Khalid Naseem, Driver was dismissed from service for misconduct after the domestic enquiry. His grievance petition was dismissed by Labour Court. Now his case is pending before the Sindh High Court being Writ Petition No. 504 of 1988. Case of Nafeesul Hasan was dismissed by Labour Appellate Tribunal on the ground that he was Ramp Supervisor and not a worker. His petition is pending before High Court being C.P. No. D‑229 of 1988.

6. Under the circumstances it is stated that there is no reasonable ground for holding that the respondents have committed unfair labour practice. The jurisdiction of this Commission has also been challenged. It is stated that "Shaheen Airport Services is a project of Shaheen Foundation which is connected with Pakistan Air Force. The Foundation has been registered under the Endowments Act, 1890. It has been created for the welfare of in service and ex‑servicemen of PA.F. Funds generated by the Foundation and its units are used for the objectives of the trust. It is administered and controlled by a Committee appointed by the Government of Pakistan which consists of high ranking officials of PAY. The serving Chief of Air Staff is its Chairman. It is exempted from Income‑tax and Zakat. It is not an industry or Commercial establishment. Standing Orders Ordinance, 1968 and I.R.O., 1969 are therefore not applicable to them. It is further alleged that number of officers of the Union is more than the number prescribed by law. It is alleged that the number of workmen employed in the establishment is

440. Under Rule 5 of the Sindh Industrial Rules, 1973 number of executives of union having 440 members cannot be more than 16: The number of officers of the petitioners union is

20. The union is therefore an illegally constituted body.,

8. The petitioners have not produced any document which may indicate that services of the officers of the union were terminated by the respondents on account of their trade union activities. They have produced copy of the order of Supreme Court of Pakistan granting leave to appeal in Civil Petitions 54os. 103‑K, 108‑K to 111‑K, 113‑K to 116‑K all of 1992. These petitions have been filed by 9 persons. In para. No. 3 of the leave granting order of the supreme Court of Pakistan it is mentioned that entry security passes of the petitioners were withdrawn by the A.S.F. at the behest of the respondents and therefore, the same could not have furnished ground for termination of the petitioners' services even under the Standing Order

12. The leave granting order does not say that their services were terminated on account of their trade union activities.

9. Some decisions have been filed by the parties after their arguments were heard. One is the decision of 4th Sindh Labour Court in the case of Nafeesul Hasan Siddiqui. In that case unfair labour practice does not appear to have been set up as ground of challenge. This case was dismissed by the said Court on the ground that he was not a workman. The ground is the decision ire C.P. No. D‑363 to 373 of 1989. This order also relates to the case of 9 persons to whom leave to appeal was granted by Supreme Court of Pakistan. This order also does not show that the petitioners had alleged that their services were terminated on account of their trade union activities. The third judgment relates to 17 persons whose services were also terminated simpliciter. The Sindh Labour Appellate Tribunal while dismissing their Appeals Nos. 256/8 to 301 of 1987 observed that there was nothing in the record to suggest that their services were terminated on account of their trade union activities.

10. Only one judgment in Appeal No. KAR‑29/86 shows that the action of respondents was taken on account of trade union activities of the appellant and he was consequently reinstated in service with back benefits. Under the circumstances the petitioners have failed to establish prima facie case that respondents are likely to terminate them on account of their trade union activities. The petition is therefore dismissed. H.B.T./190,/NIRC Petition dismissed.