Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 15, 53

Industrial Relations Ordinance (XXIII of 1969), Ss. 15 & 53-Unfair labour practice - Penalty - Victimization for Union activities--Transfer of office-bearer right of employer only if ordered bona fide and not with motive of victimization-All important office-bearers transferred to distant places soon after formation of Union-Circumstances, held, led only to inference of victimization se, as to wreck the Union--Accused in circumstances, held, guilty of breach of provisions of S. 15 hence liable to punishment without any leniency. 1962 P L C 1468; 1963 P L C 161 and 1 L L J 591 distin guished.                                                                                                           ORDER The facts of the prosecution case may briefly be stated as follows:- The complainant, Rafiq Ahmad Khan Lodhi, is an employee of the United Rank Ltd., Lyallpur, of which the accused, namely, Ashiq Hussain Farooqi is the Vice-President. On or about 7th -November 1972, the complainant along with several other employees formally withdrew from the membership of the United Hank Ltd. Employees' Union and formed a separate Union under the name and style "United Bank Limited Progressive Employees' Union, Lyallpur" (hereinafter called as "Progressive Union"). Later, they made an application to the Registrar, Trade Unions, Sargodha Region. Lyallpur, for the registration of the Progressive Union. The Registrar issued the requisite certificate (Exh. PD) of registration of the Trade Union on 21st November 1972. Earlier on 10th November 1972, the Progressive Union notified the names of its officers to the employer (accused) In writing vide Exh. PB/1, of which the receipt was acknowledged in the peon book (Exh. P--). It was mentioned therein that Muhammad Ashraf (P. W. IV), Rafiq Ahmad Khan Lodhi (complainant) and Shaukat Hayat (P. W. V) have been appointed as President, Vice-President…