Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22-At8)(g)---Application against establishment for alleged unfair labour practice by discontinuing applicants' services .who were working as porters at the Airport---Applicants also prayed for grant of interim stay restraining establishment from refusing to employ them-- -Averments in main application (against unfair labour practice) showed that applicants were appointed on various dates as per requirement which meant that they were temporary workers or casual workers and were not paid regular wages or salary by the establishment but received porter charges from passengers who hired them and out of which they were paid a proportionate amount---Such workers could be terminated from service at any tithe---Applicants having failed to make out prima facie case of unfair labour practice, their application for interim stay was rejected. Ch. Rasheed Ahmed for Petitioner. S.M. Yaqoob for Respondents. ORDER Mr. S.M. Yaqoob has filed counter-affidavit the copy of which was delivered to other side where after both the learned advocates submitted their arguments on application for interim stay. The petitioners have filed the case under section 22-A(8)(g) of IRO, 1969 alleging unfair labour practice on the part of respondents. They have also filed application for interim stay praying that the respondents be restrained from refusing to employ the applicants on or after 15-3-1994 as threatened through notice dated 27-2-1994. 2. Briefly the facts as alleged in the main case are that the respondent are employing two hundred porters at Terminal No. 1 of Karachi Airport and that the applicants are doing such work but in the beginning the CBA Union of workers was reluctant to enroll them as member. However in view of the decision of Appeal No.44-K of 1992 dated 9-8-1993 wherein it was held that the workers of respondents establishment are entitled to the protection of section 8(A) and in view of decision in Civil. Appeal No.369/1992, decided on 21-12-1993, wherein it was held that the respondents are liable for contribution under Social Security for the workers employed by it, the applicants approached the union in the first…

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