Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- S. 34 [prior to amendment (10-1-1972) by Industrial (Amendment) Ordinance (XLVIII of 1972)]--Redress of grievance of individual workman-Application entertainable from workman and not from Collective Bargaining Agent - Collective Bargaining Agent, held, could not espouse cause of workman - Words "it" and "him" refer to Collective Bargaining Agent and workman respectively and they could seek redress for enforcement of their respective rights. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 15-Unfair labour practice-Victimization due to Union activities-Mere general allegation-Not sufficient-Grounds mentioned in, S. 15 must particularly be mentioned and proved. Anwar Adil for Appellant. S. Tariq Ali for Respondent. DECISION This is an appeal against an award of the learned Presiding Officer of Labour Court No. II, Karachi, dated September 3, 1973, whereby the learned Labour Court ordered the re-instatement of 11 persons with full back benefits and continuity of service. The facts briefly stated and as given in the application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), are these. 2. The application under section 34 of the Ordinance was filed by the Collective Bargaining Agent on 23-12-1970. A Union was formed on 6th September 1970 and was registered on 8th October 1970. The Management was also informed about the registration by letter dated 17th October 1970, That, on 2nd November 1970, after about 15 days of the information of the registration of the Union, the services of 11 persons were terminated, some of them were office-bearers of the Union and others active workers of the Union. No reason for termination was given in the order terminating the services. The total membership of the Union on the date of the applica­tion was 24. It is alleged in the application that the services were terminated because they had formed the Union and were active members of the Union. The action on the part of the Management amounted to illegal lock-out and an unfair labour practice and thus they have contravened the provisions of sections 15 and 46 of the Ordinance.…

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