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Petitioner: Rana MUHAMMAD AKRAM VS Respondent: Syed TAHIR ABBAS AND OTHERS
Court Name: National Industrial Relations Commission Judge(s): Khalid Mahmood Pasha Title: Rana MUHAMMAD AKRAM vs Syed TAHIR ABBAS AND OTHERS Case No.: Case No, 4 (125) of 1979 Date of Judgment:1979-12-30 Reported As: 1982 PLC 1084 Result: Order accordingly
JUDGMENT
JUDGMENT ' Tahir Abbas, General Secretary, Mushtaq Ahmad, Executive Member, Jehanzeb Iqbal and Mushtaq Ahmed, Propaganda Secretary of Roti Plant Employees' Union were tried under section 16 (1) (d) and (e) of Industrial Relations Ordinance, 1969. ' In the complaint it was alleged that demand notice under section 26 of the Industrial Relations Ordinance (Annex. 'B') was served by Tahir Abbas posing himself to be the General Secretary of Roti Plant Employees Union. Prior to receipt of the notice, B.A. Afghani, President of the Union bad informed the management that S. Tahir Abbas and Mushtaq Ahmad Respondents Nos. 1 and 2 respectively had been expelled from the membership of the Union on 29th July, 1979. This information was received through letter Annexure 'C'. Consequent upon expulsion of Tahir Abbas, he resigned from the General Secretary ship as well as membership of the Union as per letter dated 30th of July, 1979. Annexure 'D'. Mr. Tariq Shafiq Khan informed Respondent No, 1 that since he was no longer the General Secretary he had no locus standi to serve notice Annexure 'A'. This was conveyed through letter dated 27th of August, 1979 (Annex. 'D'). Strike Notice Annexure 'F' was served by the said Tahir Abbas Respondent No, I again under the designation of General Secretary of the Union, those employees will go on strike with effect from 8th September, 1979. Copies of this notice were also endorsed to the Conciliator, Lahore Region, Director Labour Welfare, Deputy Commissioner, Lahore and the Presiding Officer, Punjab Labour Court No, 1, Lahore. The Conciliator advised the management to attend his office on 12th of September, 1979 and also conveyed that he had previously called a meeting on the 5th of September, 1979 but since the notice was not received by the Management meeting was not attended. The Managing Director thereafter constituted a team comprising the complainant and Mr. Khalid Karim to participate in the
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conciliation proceedings through Annexure 'II'. Through Annexure 'I' the President of the Union B A. Afghani called upon the Management not to hold any conciliation proceedings because Tahir Abbas not being the General Secretary of the Union had no authority to serve the notice and to commence the conciliation proceedings. The last meeting with the Conciliator was held on 30th September, 1979 at 9-30 a. m. On 30th September, 1979 the complainant was informed by Farooq Butt a Junior Assistant at the Baghbanpura Roti Plant that accused No, 2 had informed him (Farooq Butt) that all the 4 Respondents had arranged to lead a procession of workers outside the office of the Conciliator and pressurize the Management into acceptance of the pending demands. ' Being pre-warned by Farooq Butt the complainant considered it appropriate to take along some officials with him. The complainant therefore took Mr. Ahmad Hassan, Deputy Manager and Zafar Iqbal, Office Assistant in addition to Khalid Karim who was a member of Conciliation team. Ahmad Hassan and Khalid Karim went by a Suzuki Van and the rest by a Fiat Car. Both Ahmad Hassan and Khalid Karim left earlier the complainant was the first to reach the office of the Conciliator. On arriving at the office of the Conciliator he found that about 30 to 35 workers had gathered outside the gate. Four Respondents who were prominent amongst the workers forcibly stopped the car of the complainant at the outer gate of the Labour Office and shouted that the car will not be allowed to proceed inside the office. Tahir Abbas Respondent No, l tried to forcibly open the door of the car at the same time saying that these persons should not be allowed to escape today. When he failed to open the door of the car he and Mushtaq Ahmad Respondent No, 2 started raising abusive slogans against the President of Pakistan, Managing Director and others as Mentioned in sub-para. 'd' of para. 4 of the complaint. Slogans were also raised by Mushtaq Ahmad Respondent No, 2. However, Mushtaq Ahmad Respondent did not abuse the Managing Director. In the meantime the Suzuki Van carrying Ahmad Hassan and Khalid Karim arrived. The two of them came out of the Suzuki Van whereupon the complainant and his companions also came out of their car. Mushtaq Ahmad Respondent No, 2 started abusing all 6 of them and abused and raised slogons All the workers including remaining accused joined Mushtaq Ahmad Respondent in these abusive slogans. Tahir Abbas deflated the tyres of Fiat Car and khanzeb that of Suzuki Van so that the complainant and his companions were made immobile. Tahir Abbas again raised slogans {{URDU TEXT}} al". The complainant generally told the workers that they should not take law into their own hands on which the complainant was again abused. Tahir Abbas led the slogans {{URDU TEXT}} which was replied by other workers in {{URDU TEXT}} When the complainant and his companions tried to move away inside the office, Respondents Nos. 1 and 2 stopped them saying that first demands should be accepted otherwise they will not be allowed to go away. The complainant and his companions told the accused that their purpose of visit was to sit at the conciliation and come to some settlement and, therefore, the accused should not take law into their own hands. It was with great difficulty that the complainant and his companions ultimately succeeded finding their way to the Conciliator's room. The complainant found one Zaidi who claimed to be representative of Tahir Abbas Afghani, President. Sardar Ahmad, the General Secretary of the Union and Zafar Iqbal Joint Secretary of the Union to be present there. Soon. Thereafter all the 4 accused also came into that room. The President (B.A. Afghani) of the Union told the Conciliator that the -four accused and Zaidi had nothing to do with the Union which fact had already been conveyed to the Conciliator. He further stated that the four accused and Zaidi had no business to be present at the Conciliation proceedings. During all this the workers gathered outside the office gate were continuously raising the slogans {{URDU TEXT}} The Registrar or Trade Unions who sits in the opposite room in the same office premises communicated to the Conciliator that the noise being raised by the workers was interfering in performance of official duties and therefore, the Conciliator should arrange to have it stopped. The Conciliator directed Tahir Abbas who went to the workers and there was silence for some time. After Tahir Abbas resumed his seat he gave a signal to
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Jehanzeb Respondent No, 3 whereupon Jehanzeb went out to the workers and slogans raising again started. The workers were shouting" {{URDU TEXT}} Conciliation proceeding were postponed to 1st December, 1979. Thereafter, the complainant tried to explain the financial position of the Corporation whereupon Zaidi, who is not an accused, started quarrelling with the complainant. In the meantime the 4 accused had gone out of the Conciliator's office and slogan raising again started. Then the complainant and his companions proceeded towards their cars. Allalong slogans were continuing. The complainant tried to change the deflated wheel of the car but was not allowed to do so by the workers. Then the wheels were changed, Khalid Karim then went with the Suzuki Van. ' Workers again raised slogans amongst other {{URDU TEXT}}. The four accused distributed a cyclostyled pamphlet Annex. To a large number of peoples who had gathered at the spot. This pamphlet was to incite the workers against the Management. On reaching the office the complainant put up report Annexure 'K' to the Managing Director. On the basis of the legal advice that this was a fit case of unfair labour practice the present complaint was filed. The slogans rising, intimidation and all the other acts were aimed at coercing. And pressurizing the management into acceptance of the demands raised by the accused. ' The four accused denied the charges against them and claimed to be tried. 3. Rana Muhammad Akram, the complainant appearing as P. W. 1 was consistent in his statement with the averments in the complaint and his preliminary statement. He tendered in evidence demand notice Exh. P.W. 1/2. He stated that Tahir Abbas accused No, I had submitted his resignation from the post of General Secretary of the Union through Exh. P.W. 1/5 but in spite of that he served the strike notice on the management and also attended the conciliation proceedings alongwith accused Nos. 2, 3 and 4. At about 9-30 a.m. On 30th September, 1979 one Farooq Butt Junior Assistant at Baghbanpura Plant of the Corporation telephoned and informed the complainant that Mushtaq Ahmed, accused No, 2 had told the said Farooq Butt that all the accused had arranged to stage a demonstration at the office of the Conciliator in order to pressurise the management to accept their demands which were pending negotiations. Apprehending that this information might be correct, the complainant considered it appropriate to make Ahmed Hassan, Deputy Manager, Nisar Ahmed Cheema, Office Assistant, Zafar lqbal, Office Assistant and Mr. Aslam, Junior Assistant to accompany him in addition to Khalid Karim who had to attend the proceedings with him. Two cars, one Fiat and one Suzuki Van were requisitioned from the Transport Department for going to the Conciliator's Office. The complainant travelled by the Fiat Car alongwith Nisar, Zafar and Aslam and Asghar, Driver of the car. Khalid Karim and Ahmed Hassan went by Suzuki Van which was being driven by Khalid Karim himself. On arriving at the office of the Conciliator, complainant found a gathering of about 30 to 35 persons who had blocked the gate of the office. Some of them were the workers and some outsiders whom the complainant did not know. The four accused were present among the gatherine and were in the forefront. They said that today they will not allow the car to proceed on. Tahir Abbas accused forcibly tried to open the door of the car near which the complainant was sitting. Tahir accused raised slogan that occupants of the car should not be allowed to go "{{URDU TEXT}}". "Due to the mechanical defect the door could not be opened. Tahir Abbas accused then raised the slogan that {{URDU TEXT}}". This was responded by other persons present including the remaining accused by {{URDU TEXT}}" Tahir Abbas again raised the slogan {{URDU TEXT}}" (sic). The conciliation proceedings ended with the decision that since fresh elections to the office of the Union were to be held it should be left to the newly-elected office-bearers to raise such demands as they considered necessary. The four accused left prior to the Management's representatives and other respondents. When the complainant and his companions were passing through the gate of the premises Jehanzeb shouted {{URDU TEXT}} and the other replied{{URDU TEXT}}". There were other
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slogans also. At that time there was another slogan "{{URDU TEXT}}" and the other replied "{{URDU TEXT}}. The complainant was told by Muhammad Asghar Driver that in the meantime he had tried to change the deflated tyres of the vehicle but he was not allowed by the workers. Mr. Khalid Karim himself replaced the tyre of Suzuki Van and left and thereafter the replacement of the tyre of Fiat Car by the driver, the complainant and his companions also left. When they were leaving the place and the two Mushtaqs namely, accused ' No, 2 and 4 shouted "{{URDU TEXT}}" and the others replied "{{URDU TEXT}}; I {{URDU TEXT}}". ' A pamphlet Exh. P.W. 1/11 was distributed by the accused among those present there. ' On reaching the office the complainant submitted report to his officers. A copy of that report is P.W. 1/12 on which after obtaining the legal advice this complaint was filed. Tahir Abbas accused No, I was charge-sheeted for misconduct through Ex. P.W. 1/13 for acts of indiscipline committed by him on 30th September, 1979. ' Tahir Abbas replied to the charge-sheet through registered A.D. Letter dated 6th of October, 1979 of which complainant produced a photostat copy. Tahir Abbas admitted the charges through Exh. P.W. 1/14 (copy of which was retained after comparing with the original) his reply being found unsatisfactory the management decided to hold an enquiry. The letter addressed to Tahir Abbas was returned back with the remarks that the addressee had refused acceptance. Whereafter an enquiry notice was issued in Pakistan Times of 7th of November, 1979. The complainant produced photostats copy Exh. P.W. 1/15. ' Workers, namely Fateh Muhammad, Muhammad Safdar and Muhammad Akram through a joint application Exh. P.W. 1/16 submitted to the Managing Director that they were misled, by the accused namely, Tahir Abbas, Jehanzeb and Mushtaq Ahmad that on 30th September, 1979 the Managing Director and Mr. Tariq Shafiq Khan should be personally present at the Labour Directorate and will announce two months' bonus to each worker. This is Exh. P.W. 1/17. The accused wanted to pressurise the management to accept the demands and that is the reason for their activities mentioned above. ' Rana Muhammad Akram was cross-examined with regard to the history of his employment with the koti Corporation of Pakistan. This line of cross-examination was to show that previously the complainant was a colleague of the accused in the Union but later fell out with them and was promoted by the Management so that Union be crushed, through him. Except for a suggestion to this effect there is nothing to substantiate this allegation. The complainant was promoted to his present post in January, 1979. If the object of promoting him was the same as alleged he would not have remained idle for almost three years before filing the complaint in October, 1979. This witness stated that the incident of 30th September, 1979 was not reported to the Police but verbal information was conveyed to the Intelligence Department, No report was submitted to the Labour Directorate because the incident was within knowledge of the Conciliator at whose office the incident took place. The witness refuted the suggestion that he supported the opposite group of Tahir Abbas led by one Afghani. He stated that in fact Afghani had been making complaints against the complainant and other officers. He denied the suggestion that the present complaint was filed with the intention to delay the settlement. He stated that the conciliation proceedings were adjourned at the instance of Tahir Abbas accused and Zaidi D.W. With regard to allegation of violent demonstration outside the conciliator's office all that has been put to this witness is that various slogans to which he had stated were not raised and that the tyres of the cars were not deflated. Apart from these two suggestions which were denied by the complainant there is nothing in the cross-examination of this witness. The learned counsel for the accused was satisfied even without putting the suggestion that this was a false case against the accused. There is absolutely no cross-examination of this witness with regard to the role assigned to the three accused, other than Tahir Abbas.
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' Khalid Karim P.W. 2 had been nominated as one of the members of the committee authorised to negotiate the pending demand notice before the Conciliator at Lahore. He, alongwith Ahmad Hussain P.W. 3 proceeded to the Directorate in a Suzuki and found about 30 to 35 persons assembled at the gate. The accused were amongst those 30 to 35 persons. He found the complainant alongwith Cheema, Zafar and Aslam who had arrived there in a motor car. Their entry into the Directorate was blocked and Mushtaq accused No, 2 raised filthy slogans. Slogans raising continued for quite some time. Tahir Abbas deflated the tyre of Fiat Car. While the conciliation proceedings were in progress the slogan rising continued outside the office. During the conciliation proceedings, at the instance of Tahir Abbas, Jehanzeb went out and slogan rising which had been stopped was resumed with slogans of `Tahir Shah Zindabad'. Tahir Abbas accused made it clear that the representatives of the Management will not be allowed to leave. The tyre of Suzuki Van had also been punctured. The pith and substance of deposition of this witness was the same as that of the complainant. ' Khalid Karim P.W. 2 was cross-examined by Mr. Zaman Qureshi, Advocate who again remained content with not questioning the witness with regard to the allegations of picketing the Directorate's gate, raising of slogans, puncturing the tyres and the individual roles attributed to each accused. This witness is the Assistant Manager, Administration. He denied that he was making a false statement for having been so tutored by the complainant. He did not submit a written report of the incident to the Management separately. He was questioned with regard to the antecedents of the complainant. ' The third prosecution witness was Ahmad Hussain, Deputy Manager Administration of Roti Corporation of Pakistan. He had been attending the proceedings before the conciliator. On 30th September, 1979 he alongwith Khalid Karim P.W. 2, proceeded to the Directorate on a Suzuki Van. On arriving there he found the complainant, Cheema, Zafar and Aslam already present there. He found that the car of the complainant and others had been `geared' by the accused. On seeing him and P.W. 2, the complainant and his companions came out of the car. Dirty slogans were raised by the accused to harass the representatives of the management. Tahir Abbas deflated the tyre of Fiat and Jehanzeb that of Suzuki Van. While the conciliation meeting was in progress slogans were being raised outside. On the asking of the Conciliator Tahir Abbas went out and slogans were stopped but later at the instigation of Tahir Abbas slogans raising was resumed which continued even after the management's representatives came out of the office. After making the vehicles in a fit condition to move they came back to their office. In cross-examination this witness deposed that he and Khalid Karim P.W. 3 were authorised by the Management to attend the proceedings. Except on 30th September, 1979 there was no untoward incident. There was no slogan raising at the Head office. No report was lodged with the Police. 30 to 35 persons had gathered outside the Directorate and were standing near the motor cars. The workers were standing at the gate and were raising slogans. The witness reiterated that he had seen Tahir Abbas deflating the tyre of the car and Jehanzeb that of the Van. No separate report was submitted to the Managing Director as he had also signed the report submitted by the complainant there were two groups in the Union, one headed by Afghani and the other by Tahir Abbas. He denied that the management was favorably disposed towards Afghani group. A suggestion was put to him that slogans as stated by him were not raised and there was no incident on 30th September, 1979 as alleged to which he replied that he stated on oath that such slogans were in fact raised and the incident was correct. ' Asghar Ali, Driver, was examined as P.W. 4. He joined Roti Corporation of Pakistan in September, 1979. He was assigned for duty to the Fiat Car. On 30th September, 1979 he was deputed to take the complainant to the Labour Office which he in fact did. In addition to the complainant, Cheema and Zafar also accompanied him. The
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witness was not aware of the names of the above-named persons as he had recently joined and came to know their names later. There were 4 persons in all but he did not know the name of fourth one. They arrived at the Labour Office at about 10-00 or 10-15 a.m. At that time there were certain persons standing at the gate who said that the car will not be allowed to pass through the gate. The witness pointed to the four accused present in Court and said that they were present there and he was subsequently told that these' were the persons concerned. The four accused were in the forefront. They tried to open the door of the car but did not succeed due to some mechanical defect. The slogan raising started. The van carrying other officers also arrived and the complainant and others came out of the Car. The tyre of the car was deflated but the witness was not aware as to who had done that. The witness then proceeded on to speak of various slogans raised there. When he tried to change the tyre of the car the accused present in the court stopped him from doing so. In his cross-examination the witness denied that he was appointed on the recommendations of the complainant and said that he had applied for the job about one month prior to his appointment and had requested one Mazhar in the Purchase Department for the job. He denied that he had been directed to depose against the Union. The witness had not yet been confirmed. He was then asked certain questions with regard to the details of the visit of Rana and his companions but these questions are of no consequence. It was on the next date that the names of Cheema and Zafar were disclosed to him. He was not aware of the place of duty of the four accused. He only came to know later that the accused were employees of the Corporation. He denied the suggestion that he was making a false statement so that he may be confirmed on the present job or that he was assigned the duty of breaking the union or that he had been appointed with the specific purpose to be available against the union or that he was to lead 8 persons to intimidate the Union. If he were a false witness, there was nothing to stop him from saying that Tahir Abbas and Jehanzeb deflated the tyres of the vehicle but he candidly stated that he was not aware who had done so. This shows that he has started what he in fact saw for himself. ' Another important prosecution witness is Zafar Iqbal P. W. 5. He was the Joint Secretary of Roti Corporation Employees' Union at the relevant time and had gone to the Directorate to attend the conciliation proceedings as one of the representatives of the Union. According to this witness on arriving at the directorate at 9-30 or 9-45 a.m he found an assembly of 30 to 35 persons outside the gate in which all the four accused were present. He saw Tahir Abbas and Jehanzeb accused deflating the tyres of Fiat and Suzuki Van respectively. The witness also found that during the conciliation proceedings slogans were being raised outside, which were stopped for some time on the directions of the Assistant Director but were resumed at the instigation of Tahir Abbas accused No, I. In cross-examination the witness denied that Tahir Abbas had given some blank sheets pertaining to the union or that Exh. P.W. 1/5 was such blank- paper bearing the signatures of Tahir Abbas and the contents were written by this witness. He denied that he was promoted to his present post to crush the Union. According to him his promotion was because he was the senior most and best qualified. No question whatsoever was put to him with regard to the allegations of raising of slogans, deflating of tyres, etc. And his version of this aspect has gone absolutely unchallenged. ' P.W. 6 Zafar lqbal is yet another eye-witness. He had gone to the Directorate alongwith the complainant in the Fiat Car. His version is the same as that of the complainant and his other witnesses. He deposed to the various slogans raised by the accused. He deposed about blocking the entry of complainant and his party into the Directorate ; to the deflating of the tyres by Tahir Abbas and Jehanzeb, to the temporary stoppage of slogan raising on the asking of the Assistant Director and recurrence thereof at the instigation of Tahir Abbas. He also gave other details of the allegations. He was also a signatory to the report Exh. P.W. 1/2 submitted by the complainant to the management as to what happened at the Directorate. He proved his endorsement Exh. P.W.5/2 on
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the reply Exh. P.W. 1/14 submitted by Tahir Abbas accused to the charge-sheet served on him. In cross-examination the witness stated that he reached the Directorate at about 10-15 a.m. Conciliation proceedings continued for about one hour, He confirmed that the information of intended demonstration by the accused was given to the complainant by one. Butt in Baghbanpura Roti Plant. He denied the suggestion that he was not present at the Directorate, or that slogans were not raised or that no incident took place there. The learned counsel for the accused on the one hand suggested to this witness that be was not present at the Labour Directorate but in the next question suggested that this witness and his companions had gone to the Directorate…
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