1987 PLP 219 (PLC)

Arguments heard. Complainant Irfan Hussain, General Secretary of the United Liners Agencies of Pakistan Limited Employees Union sought action according to law against the Managing Director of the United Liners Agencies of Pakistan Limited under section 15 read with section 53 of the Industrial Relations Ordinance, 1969. The main ground in the complaint is retrenchment of three of the employees/ members of the Union, which according to the complainant was due to "false grounds of crisis prevailing in the shipping trade and loss of some main agencies of the Company". It was mentioned in the complaint that previously also attempts had been made to get rid of some of the employees by drawing up departmental proceedings against them but then the matter was settled through agreement dated 13‑3‑1985 in the result of which the charge sheets against those employees were withdrawn. In these comments the respondent‑Management admitted the factum of retrenchment but denied the other allegations and explained that "crisis in shipping trade which started in late 1981 or early, 1982 in Pakistan and all over the r world is still there and it has become acute with the passage of time", It was further stated that the Company had "lost its all main shipping lines mentioned below:‑‑ (a) Messrs Manta Line Inc., Greece, (b) Messrs Clipper Orient Line, London, (c) Messrs Willine‑‑Oslo, (d) Messrs Spanish Orient, Gulf Line, Madrid, (e) Messrs Tomoe Shipping, Singapore, (f) Messrs Waterman Steamship Corporation, New York. It was also commented that "to avoid and minimize retrenchment, the Company did not employ any replacement from 1982 of the 10 employees /officers separating from the Company's service" It was further explained that the retrenchment, covered some officers also namely, Amir Badshah, Assistant and Sajid Jawaad, Supervisor. The retrenchment' therefore, according to the respondent was "bona fide and legal and has nothing to do with the union or trade union activities of any employee". In the preliminary statement recorded of complainant Irfan Hussain A. W .1 and Abdul Karim, A. W. 2 to establish that there is sufficient ground for proceeding with the case, however, precious little was said to establish that the retrenchment was‑ as a measure of victimization for Trade Union activities. Both the witnesses were unanimous in asserting that the Company had made profits but they failed to furnish or refer to any material in this regard. On the other hand, Irfan Hussain in reply to a question put by the Commission, admitted that "the Company has lost agencies". The agencies apparently referred to the shipping agencies of which mention has already been made. Abdul Karim also admitted that "Company lost the agency of Montana Lines in 1963". Even the fact that the said two officers namely, Amir Badshah and Sapd Jawaad had also been retrenched was admitted. On the basis of the material brought out in the preliminary statement the complainant has thus not been able to establish a prima facie case of unfair labour practice such as could be considered sufficient for proceeding further in the matter. The complaint 'is, therefore, dismissed. H.B.T./73/Lb Complaint dismissed.