Nisar Asim

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD.

Case No. _____________/2001 Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh through Nisar Asim, General Manager Administration & Human Resources/Factory Manager KAPCO. Petitioner VERSUS 1. Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 2. Inaam Ullah Majeed, Chairman, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 3. Muhammad Asif Chishti, General Secretary, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 4. Rana Nadeem Anwar, President, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 5. Rana Muhammad Saleem, Chief Pattern, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 6. Sardar Ahmad, ASA, Office Bearer, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. Respondents PETITION UNDER SECTION 22-A (8) (g) OF THE INUDUSTRIAL RELATIONS ORDINANCE, 1969.

Respectfully Sheweth: 1. That the petitioner is General Manager Administration & Human Resources and notified factory Manager Kot Addu Power Company Ltd. Gas Turbine Power Station, District Muzaffargarh. The company is engaged in generation of electricity supply to WAPDA for distribution to consumers. The establishment falls within the definition of “Public Utility Service” as defined in the Industrial Relations Ordinance, 1969 (hereinafter called as I.R.O. 1969) and also covered the Essential Services (Maintenance) Act, 1952. Notification to this effect is attached as ANNEX “A”.

2. That the Power Station was privatised in 1996 with 36% shares to an investor called National Power of United Kingdom and 64% shares are held by WAPDA.

3. That the respondent No. 1 is the Collective Bargaining Agent (CBA) in the petitioner establishment who attained the status of CBA on 2nd May, 2001 through Secret Ballot.

4. That one employee of the petitioner establishment Rasheed Akbar Mulghani, Ex-Attendant committed misconduct by physically assaulting/beating his duty Incharge Mr. Abdul Mateen, Shift Supervisor during duty hours and caused severe injuries which lead him to hospitalisation. The accused employee was charge-sheeted for committing this act of misconduct, proper enquiry was conducted by the enquiry committee submitted his report in which he was found guilty of the charges levelled against him and as a result of that he was dismissed from service with effect from 31st May, 2001 by the Competent Authority. Copy of dismissal order is at ANNEX “B”.

5. That aggrieved by the dismissal order Mr. Rasheed Akbar Mulghani preferred departmental appeal to the Competent

Authority on 1st June, 2001 and thereafter on 2nd June, 2001 he again submitted the revised appeal. Copies of both appeals are attached as ANNEXES “C & D” respectively.

6. That on 1st June, 2001 respondent No. 2 submitted a letter No. ATKEU/2091 dated 1.6.2001 addressed to the Chief Executive Officer of petitioner establishment, extended threats to withdraw the dismissal order of above-mentioned employee. Copy of letter dated 1.6.2001 is attached as ANNEX “E”. The said letter was properly replied by the management vide letter dated 4.6.2001 informing the Union that taking disciplinary action against accused employee is inherent right of employer. Copy of letter dated 4.6.2001 is attached as ANNEX “F”. It is pertinent to mention here that dismissal of above-named employee is an individual grievance and employee concerned can take the course of law available to him and Trade Union/CBA is not competent to take up the issue of dismissal of employee.

7. That the respondents continued visiting the office of the petitioner and other relevant officers to withdraw the order of dismissal, otherwise management will have to face dire consequences. The Union also started giving press statements in various newspapers as threatening and pressurising tactics to accede to their illegal demand. One of the press statement clearly revealed their intention in which respondents extended threats to the Management to reinstate the worker otherwise face dire consequences in the form locking the Power House Gate and shut down of Power Plant. Copies of Press Clippings are attached as ANNEX “G”.

8. That on 6.6.2001, respondents entered into the petitioner’s office where Mr. Zulkifl Ejaz, Assistant Director (Admn) and Mr. Muhammad Yaseen, Consents and Business Service Officer were also present and compelled the petitioner to immediately reinstate Mr. Rashid Akbar Mulghani otherwise respondents will close the

Power House gate, Power Plant will be shut down and nobody will be allowed to come inside or go out from the Power House. That on persistent pressure of the Union, the reply of the appeal was given by the Competent Authority informing the individual concerned that his appeal is rejected after consideration. Copy of reply to appeal is attached as ANNEX “H”.

9. That at about 12:50 hrs on 6.6.2001 soon after receiving the reply to the appeal, the respondents rushed to the Power House gate and first closed it and then locked and start inviting and inciting the workers to assemble at the Power House entry gate. The respondents also used the emergency sirens and loud speakers of mosque to announce that all workers immediately come to the Power House gate and join them in furtherance of their pressure on Management to get Mr. Rasheed Akbar Mulghani reinstated and subsequently committed following acts of unfair labour practice on their part: -

a)

That the respondents along-with others closed the Power House entry gate illegally and without any justification for more than 7 hours and restrained the officers and staff including Chief Executive Officer of the company not to enter the Power House.

b)

That the respondents along-with others closed the canteen forcibly, as a result of which staff could not take meal and all the meal was wasted by the respondents.

c)

That the respondent No. 2 physically assaulted and slapped Mr. Muhammad Saeed Khan, Manager Industrial Relations who had gone there to convince them and bring them on table talk on the issue.

d)

That the respondent No. 6 physically assaulted and pushed Col. (Retd.) Syed Abrar Hussain, Security Manager who was there in controlling the law and order situation in a polite manners.

e)

That the respondents along-with others closed the airconditioning system of the Administration Block to create suffocation for all officers and staff in the building.

f)

That the respondents also disconnected the telephone connections to stop communication.

g)

That the respondents used the emergency sirens of Power House and colony in order to get assembled the workers at the main gate for extending pressure on the management which also created panic in the residential colony.

h)

That the respondents used loud speakers of mosques for announcement of emergency situation at the Power House gate.

i)

That the respondent restrained the entire second shift to change at 14: 00 hours and stopped first shift to leave duty and go. In such way respondents kept the officers and workers in illegal detention without allowing them to take meal or water.

j)

That the respondents raised anti-management slogans and filthy language against the officers and senior management and extended threat to the management that in case their Charter of Demand submitted on 1.6.2001 is not accepted as a whole then their will be loss of lives and closure of Power House. Copy of Charter of Demand is attached as ANNEX “J”.

k)

That the respondents have been committing the unfair labour practice from 1st June, 2001, the day the respondents submitted the Charter of Demand and they have made Mr. Rasheed Akbar’s reinstatement a burning issue.

10.

That on verbal as well as written request the Resident Magistrate and S.H.O. Kot Addu along-with police contingent arrived at the Power House gate at 14: 45 hours who were also not able to enter the Power House for more than 30 minutes. After detailed discussions with respondents No. 2 to 5, the Resident Magistrate and S.H.O. managed to just enter from one walk-way in the Power House along-with S.H.O. Chief Executive Officer of KAPCO, A.S.I. whereas no one else including Managers, Officers and staff could neither enter nor exist till 20: 15 hours. Thereafter, Joint Director Labour Welfare, D.G. Khan region also reached the Power House to end the illegal protest of respondents and workers. Detailed reports submitted to Government officials are attached as ANNEXES “K/1 to K/3”.

11.

That the respondents have committed aforesaid acts of un-fair labour practice and further threatening to switch off the Power Station, to disconnect the electricity supply of KAPCO residential colony, disallow the Managers and Officers of the Management to enter or exist the Power House, threats of loss of lives and destruction to machinery and properties of company by use of force and other methods in case their demand of reinstatement of Mr. Rasheed Akbar and Charter of Demand dated 31.5.2001 are not accepted as a whole.

12.

That on 6.6.2001, the respondent illegally occupied/closed the main gate of the Power House and illegally detained the officers and staff for about 7 hours. In such circumstances, Joint Director Labour Welfare D.G. Khan Region and local management interfered and after lengthy negotiations, agreed

the respondent to open the gate and release the officers and staff of KAPCO. The respondent agreed conditionally that on 8.6.2001, Joint Director Labour Welfare, D.G. Khan Region will hold meeting of management and C.B.A. Union so as to solve the issue of reinstatement of Rasheed Akbar the dismissed employee. The management participated in the meeting with open mind, but due to adamant attitude of the respondents, it seems that negotiations will not succeed and respondents are further extending threats to again close the gate of the Power House and to switch off the whole Power Station. Press clipping dated 7.6.2001 is attached as ANNEX “L”. Affidavit attached.

In view of above, it is respectfully prayed that above titled petition may very kindly be accepted and prohibitory order may kindly be issued restraining the respondents in particular and workmen of the establishment in general, not to commit any act of unfair labour practice by stopping and humiliating the Managers/officers

of

the

KAPCO

establishment,

closing and locking the entry gates of the Power House. Respondents may very kindly be also restrained from disconnecting electricity, telephones, air conditioning system and other conservancy services in the premises of the petitioner establishment.

It is further prayed that respondents as well as all other workmen of the establishment may very kindly be restrained from resorting to go on strike, switch off Power Station Units and other connected installations for the generation of electricity, go slow, damage the property of the KAPCO establishment and loss of the production. Respondents may very kindly be restrained from using the fire crackers, delivering speeches or any other kind of protests, affixing notices, displaying

banners, using of abusive and insulting/filthy language against the management, wearing of black arm bands and gathering of assembly of workmen of the establishment within the radius of 5 Kilometers of petitioner establishment. It is further prayed that ad-interim injunction may very kindly be granted restraining the respondents and all other workmen of the establishment, from committing any act of unfair labour practice or any other act mentioned above in the prayer. It is further prayed that any other relief, for which petitioner is entitled as per circumstances of the case, may very kindly be granted to the petitioner in the interest of justice. Humble Petitioner Dated: 9.6.2001 (NISAR ASIM)

Through: 1. Riaz-ul-Hassan, Advocate High Court, 2. Muhammad Amin Malik Advocate High Court. 38-Muhammadan Block, District Courts, Multan.

Certificate: It is certified that as per instructions of our client, it is first petition on the subject matter. Advocate

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD.

Case No. _____________/2001 Kot Addu Power Co. Ltd. Vs. Al-Takbeer KAPCO employees and 5 others.

APPLICATION FOR STAY UNDER REGULATION 32 (2) OF THE NATIONAL INDUSTRIAL RELATION COMMISSION (PROCEDURE & FUNCTIONS) REGULATIONS, 1973.

Respectfully Sheweth: 1.

That the applicant has filed a petition under Sec-22-A (8) (g) of the Industrial Relations Ordinance, 1969 and the same is pending before this Hon’ble Commission for adjudication and the same may kindly be considered as an integral part of this application.

2.

That the applicant has a prima facie case and there is every likelihood of the success.

3.

That the balance of convenience lies in favour of the applicant.

4.

That in case, the stay requested is not granted, the applicant will have to suffer an irreparable loss and the Power Station may collapse at any moment.

In view of above, it is respectfully prayed that stay application may very kindly be accepted and stay order may kindly be issued restraining the respondents in particular and workmen of the establishment in general, not to commit any act of unfair labour practice by stopping and humiliating the Managers/officers of the KAPCO establishment, closing and locking the entry gates of the Power House. Respondents may very kindly be also restrained from disconnecting electricity, telephones,

air

conditioning

system

and

other

conservancy services in the premises of the petitioner establishment. It is further prayed that respondents as well as all other workmen of the establishment may very kindly be restrained from resorting to go on strike, switch off Power Station Units and other connected installations for the generation of electricity, go slow, damage the property of the KAPCO establishment and loss of the production. Respondents may very kindly be restrained from using the fire crackers, delivering speeches or any other kind of protests, affixing notices, displaying banners, using of abusive and insulting/filthy language against the management, wearing of black arm bands and gathering of assembly of workmen of the establishment within the radius of 5 Kilometers of petitioner establishment. It is further prayed that any other relief, for which petitioner is entitled as per circumstances of the case, may very kindly be granted to the petitioner in the interest of justice. Humble Petitioner Dated: 9.6.2001 (NISAR ASIM)

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD.

Case No. _____________/2001 Kot Addu Power Co. Ltd. Vs. Al-Takbeer KAPCO employees and 5 others. STAY APPLICATION AFFIDAVIT of: Nisar Asim Factory Manager, Kot Addu Power Co. Ltd. Kot Addu, District Muzaffargarh. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto.

DEPONENT

Verification: Verified on oath at Multan, this _____ day of June 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD, CAMP AT LAHORE.

Complaint No. _____________/2001 Nisar Asim

Vs.

Inaam Ullah Majeed

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Complaint.

1-7

2

Affidavit.

8-13

3

List of Witnesses.

4

Copy of Notification dated 8.2.2001.

A

15

5

Copy of Dismissal order dtd. 31.5.2001

B

16-17

6

Copy of First Appeal dtd. 1.6.2001

C

18-19

7

Copy of Second Appeal 2.6.2001

D

20-21

8

Copy of Union Letter dtd. 1.6.2001.

E

22-23

9

F

24-25

10

Copy of reply by management dated 4.6.2001 Copies of press clippings.

G

26-32

11

Copy of reply to appeal dated 6.6.2001

H

33

12

J

34-37

13

Copy of Charter of Demand dated 31.5.2001 Copy of reports to Govt. Officials.

K/1

38

14

Copy of reports to Govt. Officials.

K/2

39

15

Copy of reports to Govt. Officials.

K/3

40

16

Copy of press clipping 7.6.2001.

L

41

17

Power of Attorney.

14

42 COMPLAINANT

Dated: ____________ Through: COUNSEL

Before The Hon’ble Chairman, National Industrial Relations Commission/Specified Authority Under Essential Services Act, 1952, Islamabad.

Case No. _____________/2001

Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh through Nisar Asim, General Manager Administration & Human Resources/Factory Manager KAPCO. Petitioner VERSUS Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. Respondent PETITION U/S 6 OF THE PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT, 1952.

Respectfully Sheweth: 1. That the petitioner is General Manager Administration & Human Resources and notified factory Manager Kot Addu Power Company Ltd. Gas Turbine Power Station, District Muzaffargarh. The company is engaged in generation of electricity supply to WAPDA for distribution to consumers. The establishment falls within the definition of “Public Utility Service” as defined in the Industrial Relations Ordinance, 1969. 2. That petitioner establishment is engaged in the generation of electricity and is covered under the Pakistan Essential Services (Maintenance) Act, 1952. Notification dated 8.2.2001 to this

effect issued by the Govt. of Pakistan is attached as ANNEX “A”. 3. That management of the petitioner establishment took over control of Power House on 26.6.1996 with 26 + 10 (36%) shares and remaining 64% shares are owned by the WAPDA. 4. That respondent is the registered Trade Union in the petitioner’s establishment and has been certified as CBA by the Registrar of Trade Unions D.G. Khan Region, Dera Ghazi Khan with effect from 2.5.2001. 5. That respondents union submitted a Charter of Demand dated 31.5.2001, copy of which is attached as ANNEX “B”. It will be not out of context to mention here that most of the demands mentioned in the impugned Charter of Demands are covered under law and WAPDA rules adopted by petitioner establishment at the time of privatisation of Power House and cannot be subject matter of Charter of Demand. Other demands related to terms and conditions of service of workmen employed in the petitioner establishment which cannot be met with by the management due to financial hardships and legal challenges. 6. That in order to get accepted the illegal demands mentioned in the impugned charter of demands, respondent union is pressurising the management by illegal means and is disturbing the industrial peace of the establishment. In order to achieve their ulterior motives, respondent union is instigating the workmen of the establishment to proceed on illegal strikes, go slow & damage the machinery. The respondent union is pressurising and is compelling the petitioner establishment to accept the impugned charter of demand as a whole. Respondent union is not adopting the course of negociation but is directly extending pressure for acceptance of the impugned charter of demand. 7. That petitioner establishment is covered under the Pakistan Essential Services (Maintenance) Act, 1952, and in case the

respondent union succeeded in its designs, it will cause not only inconvenience to the petitioner establishment but will also create lot of hardships at national level as KAPCO is generating the 16% of electricity of the country production. Even otherwise, petitioner establishment falls within the Public utility services as per provision of I.R.O. 1969. 8. That in case the impugned Charted of Demand is not adjudicated by this Hon’ble Authority, it will cause great hardships and irreparable loss to the establishment as the respondent union is bent upon to create industrial unrest, panic in the Power House and harass/pressurise the management of KAPCO to accept their illegal demands. 9. That respondents are desperate persons. It is normal practice in the petitioner establishment that CBA union extend illegal pressure on the management for the acceptance of their illegal demands. In past previous CBA union had been using the same tactics for which petitions were filed before this Hon’ble Court and prohibitory order obtained. 10.That this Hon’ble Court, being specified authority under Pakistan Essential Services (Maintenance) Act, 1952, has the jurisdiction to take up the matter, adjudicate U/s 6 of the aforesaid act as it pertains to terms and conditions of service of workmen employed in the petitioner establishment. In view of above, it is respectfully prayed that this Hon’ble Court may be pleased to accept the above-titled petition and to regulate the wages and terms and conditions of service of the workmen employed in the petitioner establishment through impugned Charter of Demand submitted by the respondent union and after adjudication make it rule of the court for gazette notification. It is further prayed that meanwhile respondent union may kindly be restrained from giving strike notice under

I.R.O. 1969, instigating the workmen of the establishment to go on illegal strikes, go slow, to create industrial unrest, to harass/pressurise the management for the acceptance of demands, to humiliate or disgrace the officers of the management, to take out procession and raising antimanagement slogans, deliver threatening speeches within radius of 5 Kilometers in connection with the charter of demand and also not to commit any act of unfair labour practice whatsoever. Any other relief, which this Hon’ble Court deems appropriate, in the circumstances of the case, may very kindly be granted in the interest of justice. Humble Petitioner Dated: 9.6.2001 (NISAR ASIM)

Through: 1.

Riaz-ul-Hassan, Advocate High Court, 2. Muhammad Amin Malik Advocate High Court. 38-Muhammadan Block, District Courts, Multan.

Certificate: It is certified that as per instructions of our client, it is first petition on the subject matter. Advocate

Before The Hon’ble Chairman, National Industrial Relations Commission/Specified Authority Under Essential Services Act, 1952, Islamabad.

Case No. _____________/2001 Kot Addu Power Co. Ltd. Vs. Al-Takbeer KAPCO employees PETITION U/S 6 OF THE PAKISTAN ESSENTIAL SERVICES (MAINTENANCE) ACT, 1952. AFFIDAVIT of: Nisar Asim Factory Manager, Kot Addu Power Co. Ltd. Kot Addu, District Muzaffargarh. I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto.

DEPONENT

Verification: Verified on oath at Multan, this _____ day of June 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

Before The Hon’ble Chairman, National Industrial Relations Commission/Specified Authority Under Essential Services Act, 1952, Islamabad.

Case No. _____________/2001 Kot Addu Power Co. Ltd. Vs. Al-Takbeer KAPCO employees STAY APPLICATION. Respectfully Sheweth: 1.

2. 3. 4.

That the applicant has filed a stay application and the same is pending before this Hon’ble Commission for adjudication and the same may kindly be considered as an integral part of this application. That the applicant has a prima facie case and there is every likelihood of the success. That the balance of convenience lies in favour of the applicant. That in case, the abvoe-titled petition is not adjudicated by this Hon’ble Court and respondent union is not prohibited to further commit unfair labour practices, the applicant will have to suffer an irreparable loss and the Power Station may collapse at any moment. Affidavit attached. In view of above, it is respectfully prayed that that stay application may very kindly be accepted and during pendency of above-titled petition, respondent union may kindly be restrained from giving strike notice under I.R.O. 1969, instigating the workmen of the establishment to go on illegal strikes, go slow, to create industrial unrest, to harass/pressurise the management for the acceptance of demands, to humiliate or disgrace the officers of the management, to take out procession and raising antimanagement slogans, deliver threatening speeches within radius of 5 Kilometers in connection with the charter of demand and also not to commit any act of unfair labour practice whatsoever. Humble Applicant

Dated: 9.6.2001 (NISAR ASIM)

ANNEX “A” BETTER COPY NOTIFICATION S.R.O. ___________(I)/2001. In exercise of the powers conferred by sub-section (3) of section 3 of the Pakistan Essential Services (Maintenance) Act, 1952 (XVII of 1952), the Federal Government is pleased to direct that declaration made vide this Ministry’s Notification No. (I)/2001 dated 11th August, 2000, declaring all classes of employment due Kot Addu Power Company Limited (KAPCO) to be on employment to which the said act shall apply, shall remain in force for a further period of six months commencing from the 10th February. (Mehir Malik Khattak) Section Officer (AP) ____________________________________________________________ No. 7/3/99-AP Government of Pakistan Ministry of Interior Islamabad the 8th February 2001. 1.

Please publish the above notification in the Gazette of Pakistan Extraordinary today.

2.

The printed copies of the Notification may please be sent to this Ministry for official use. (Mehir Malik Khattak) Section Officer (AP)

The Manger, Printing Corporation of Pakistan Press. Islamabad. Copy to: 1. Labour, Manpower and Overseas Pakistanis Division (Labour Wing) (Mr. Ameer Sial, S.O.) Islamabad. 2. P/S Water & Power Management (Mr. Alim-ud-Din, S.O. (PI). Islamabad, with reference to their O.M. No. PI-9(1)/95-Vol X dated 8.2.2001. 3. The Chairman NIRC, Islamabad. 4. (KAPCO) Kot Addu Power Company Ltd. (Mr. Arif Ejaz Kitchlow, Company Secretary) 5th Floor, Aiwan-eIqbal, Egerton Road, Lahore, 54000, for information. (Mehir Malik Khattak) Section Officer (AP)

Before The Hon’ble Chairman, National Industrial Relations Commission/Specified Authority Under Essential Services Act, 1952, Islamabad.

Case No. _____________/2001 Kot Addu Power Co. Ltd. Vs. Al-Takbeer KAPCO employees

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Petition.

1

2

Affidavit

5

3

Copy of Notification dated 8.2.2001.

A

6

4

B

7

5

Copy of impugned Charter of Demand dated 31.5.2001 Stay application.

6

Affidavit.

11

7

Power of Attorney.

12

10

PETITIONER Dated: ____________ Through: COUNSEL

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD, CAMP AT LAHORE.

Complaint No. _____________/2001 Nisar

Asim,

General

Manager

Administration

&

Human

Resources/Factory Manager, Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh. Complainant VERSUS 1. Inaam Ullah Majeed, Chairman, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 2. Muhammad Asif Chishti, General Secretary, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 3. Rana Nadeem Anwar, President, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 4. Rana Muhammad Saleem, Chief Pattern, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 5. Sardar Ahmad, ASA, Office Bearer, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 6. Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh, through its General Secretary. Accuseds/Respondents

COMPLAINT UNDER SECTION 16 READ WITH SECTION 53 OF THE INUDUSTRIAL RELATIONS ORDINANCE, 1969.

Respectfully Sheweth: 1.

That the petitioner is General Manager Administration & Human Resources and notified factory Manager Kot Addu Power Company Ltd. Gas Turbine Power Station, District Muzaffargarh. The company is engaged in generation of electricity supply to WAPDA for distribution to consumers. The establishment falls within the definition of “Public Utility Service” as defined in the Industrial Relations Ordinance, 1969 (hereinafter called as I.R.O. 1969) and also covered the Essential Services (Maintenance) Act, 1952. Notification to this effect is attached as ANNEX “A”.

2.

That the Power Station was privatised in 1996 with 36% shares to an investor called National Power of United Kingdom and 64% shares are held by WAPDA.

3.

That the respondent No. 1 is the Collective Bargaining Agent (CBA) in the petitioner establishment who attained the status of CBA on 2nd May, 2001 through Secret Ballot.

4.

That one employee of the petitioner establishment Rasheed Akbar Mulghani, Ex-Attendant committed misconduct by physically assaulting/beating his duty Incharge Mr. Abdul Mateen, Shift Supervisor during duty hours and caused severe injuries which lead him to hospitalisation. The accused employee was charge-sheeted for committing this act of misconduct, proper enquiry was conducted by the enquiry committee submitted his report in which he was found guilty of the charges levelled against him and as a result of that he was dismissed from service with effect from 31st May, 2001 by the Competent Authority. Copy of dismissal order is at ANNEX “B”.

5.

That aggrieved by the dismissal order Mr. Rasheed Akbar Mulghani preferred departmental appeal to the Competent Authority on 1st June, 2001 and thereafter on 2nd June, 2001 he again submitted the revised appeal. Copies of both appeals are attached as ANNEXES “C & D” respectively.

6.

That on 1st June, 2001 respondent No. 2 submitted a letter No. ATKEU/2091 dated 1.6.2001 addressed to the Chief Executive Officer of petitioner establishment, extended threats to withdraw the dismissal order of above-mentioned employee. Copy of letter dated 1.6.2001 is attached as ANNEX “E”. The said letter was properly replied by the management vide letter dated 4.6.2001 informing the Union that taking disciplinary action against accused employee is inherent right of employer. Copy of letter dated 4.6.2001 is attached as ANNEX “F”. It is pertinent to mention here that dismissal of above-named employee is an individual grievance and employee concerned can take the course of law available to him and Trade Union/CBA is not competent to take up the issue of dismissal of employee.

7.

That the respondents continued visiting the office of the petitioner and other relevant officers to withdraw the order of dismissal, otherwise management will have to face dire consequences. The Union also started giving press statements in various newspapers as threatening and pressurising tactics to accede to their illegal demand. One of the press statement clearly revealed their intention in which respondents extended threats to the Management to reinstate the worker otherwise face dire consequences in the form locking the Power House Gate and shut down of Power Plant. Copies of Press Clippings are attached as ANNEX “G”.

8.

That on 6.6.2001, respondents entered into the petitioner’s office where Mr. Zulkifl Ejaz, Assistant Director (Admn) and Mr. Muhammad Yaseen, Consents and Business Service Officer were also present and compelled the petitioner to

immediately reinstate Mr. Rashid Akbar Mulghani otherwise respondents will close the Power House gate, Power Plant will be shut down and nobody will be allowed to come inside or go out from the Power House. That on persistent pressure of the Union, the reply of the appeal was given by the Competent Authority informing the individual concerned that his appeal is rejected after consideration. Copy of reply to appeal is attached as ANNEX “H”. 9.

That at about 12:50 hrs on 6.6.2001 soon after receiving the reply to the appeal, the respondents rushed to the Power House gate and first closed it and then locked and start inviting and inciting the workers to assemble at the Power House entry gate. The respondents also used the emergency sirens and loud speakers of mosque to announce that all workers immediately come to the Power House gate and join them in furtherance of their pressure on Management to get Mr. Rasheed Akbar Mulghani reinstated and subsequently committed following acts of unfair labour practice on their part: a) That the respondents along-with others closed the Power House entry gate illegally and without any justification for more than 7 hours and restrained the officers and staff including Chief Executive Officer of the company not to enter the Power House. b) That the respondents along-with others closed the canteen forcibly, as a result of which staff could not take meal and all the meal was wasted by the respondents. c) That the accused/respondent No. 1 physically assaulted and slapped Mr. Muhammad Saeed Khan, Manager Industrial Relations who had gone there to convince them and bring them on table talk on the issue. d) That the respondent No. 5 physically assaulted and pushed Col. (Retd.) Syed Abrar Hussain, Security Manager who

was there in controlling the law and order situation in a polite manners. e) That the respondents along-with others closed the airconditioning system of the Administration Block to create suffocation for all officers and staff in the building. f) That the respondents also disconnected the telephone connections to stop communication. g) That the respondents used the emergency sirens of Power House and colony in order to get assembled the workers at the main gate for extending pressure on the management which also created panic in the residential colony. h) That the respondents used loud speakers of mosques for announcement of emergency situation at the Power House gate. i) That the respondent restrained the entire second shift to change at 14: 00 hours and stopped first shift to leave duty and go. In such way respondents kept the officers and workers in illegal detention without allowing them to take meal or water. j) That the respondents raised anti-management slogans and filthy language against the officers and senior management and extended threat to the management that in case their Charter of Demand submitted on 1.6.2001 is not accepted as a whole then their will be loss of lives and closure of Power House. Copy of Charter of Demand is attached as ANNEX “J”. k) That the respondents have been committing the unfair labour practice from 1st June, 2001, the day the respondents submitted the Charter of Demand and they have made Mr. Rasheed Akbar’s reinstatement a burning issue. 10.

That on verbal as well as written request the Resident Magistrate and S.H.O. Kot Addu along-with police contingent

arrived at the Power House gate at 14: 45 hours who were also not able to enter the Power House for more than 30 minutes. After detailed discussions with respondents No. 2 to 5, the Resident Magistrate and S.H.O. managed to just enter from one walk-way in the Power House along-with S.H.O. Chief Executive Officer of KAPCO, A.S.I. whereas no one else including Managers, Officers and staff could neither enter nor exist till 20: 15 hours. Thereafter, Joint Director Labour Welfare, D.G. Khan region also reached the Power House to end the illegal protest of respondents and workers. Detailed reports submitted to Government officials are attached as ANNEXES “K/1 to K/3”. 11.

That the respondents have committed aforesaid acts of un-fair labour practice and further threatening to switch off the Power Station, to disconnect the electricity supply of KAPCO residential colony, disallow the Managers and Officers of the Management to enter or exist the Power House, threats of loss of lives and destruction to machinery and properties of company by use of force and other methods in case their demand of reinstatement of Mr. Rasheed Akbar and Charter of Demand dated 31.5.2001 are not accepted as a whole.

12.

That on 6.6.2001, the respondent illegally occupied/closed the main gate of the Power House and illegally detained the officers and staff for about 7 hours. In such circumstances, Joint Director Labour Welfare D.G. Khan Region and local management interfered and after lengthy negotiations, agreed the respondent to open the gate and release the officers and staff of KAPCO. The respondent agreed conditionally that on 8.6.2001, Joint Director Labour Welfare, D.G. Khan Region will hold meeting of management and C.B.A. Union so as to solve the issue of reinstatement of Rasheed Akbar the dismissed employee. The management participated in the meeting with open mind, but due to adamant attitude of the respondents, it seems that negotiations will not succeed and respondents are further extending threats to again close the

gate of the Power House and to switch off the whole Power Station. Press clipping dated 7.6.2001 is attached as ANNEX “L”. Affidavit attached. Under the above circumstances, the complainant respectfully pray that instant complaint may very kindly be accepted and the accuseds/respondents may be dealt according to law and be punished under section 53 of I.R.O. 1969. It is further prayed that any other relief, for which the complainant is entitled as per circumstances of the case, may very kindly be granted to the complainant in the interest of justice. Humble Complainant Dated: 9.6.2001 (NISAR ASIM)

Through: 1. Riaz-ul-Hassan, Advocate High Court, 2. Muhammad Amin Malik Advocate High Court. 38-Muhammadan Block, District Courts, Multan.

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD, CAMP AT LAHORE.

Complaint No. _____________/2001 Nisar Asim

Vs.

Inaam Ullah Majeed

LIST OF WITNESSES. 1. Col. Retd. Syed Ibrar Hussain, Security Manager, Kot Addu Power Company, Kot Addu, District Muzaffargarh. 2. Zul Kifl Ejaz, Assistant Director (Admn), Kot Addu Power Company, Kot Addu, District Muzaffargarh. 3. Mr. Muhammad Yaseen Consultant Business Officer, Kot Addu Power Company, Kot Addu, District Muzaffargarh. 4. Ali Muhammad Senior Security Inspector, Kot Addu Power Company, Kot Addu, District Muzaffargarh. 5. Mr.

Resident

Magistrate,

Kot

Addu

Power

Company, Kot Addu, District Muzaffargarh. 6. Mr.

Labour Officer Factories, Muzaffargarh.

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD, CAMP AT LAHORE.

Complaint No. _____________/2001 Nisar Asim

Vs.

Inaam Ullah Majeed

AFFIDAVIT of: Nisar Asim, General Manager Administration & Human Resources/Factory Manager, Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh. I, the above named deponent, do hereby solemnly declare as under: 1. That the petitioner is General Manager Administration & Human Resources and notified factory Manager Kot Addu Power Company Ltd. Gas Turbine Power Station, District Muzaffargarh. The company is engaged in generation of electricity supply to WAPDA for distribution to consumers. The establishment falls within the definition of “Public Utility Service” as defined in the Industrial Relations Ordinance, 1969 (hereinafter called as I.R.O. 1969) and also covered the Essential Services (Maintenance) Act, 1952. Notification to this effect is attached as ANNEX “A”. 2. That the Power Station was privatised in 1996 with 36% shares to an investor called National Power of United Kingdom and 64% shares are held by WAPDA. 3. That the respondent No. 1 is the Collective Bargaining Agent (CBA) in the petitioner establishment who attained the status of CBA on 2nd May, 2001 through Secret Ballot. 4. That one employee of the petitioner establishment Rasheed Akbar Mulghani, Ex-Attendant committed misconduct by physically assaulting/beating his duty Incharge Mr. Abdul

Mateen, Shift Supervisor during duty hours and caused severe injuries which lead him to hospitalisation. The accused employee was charge-sheeted for committing this act of misconduct, proper enquiry was conducted by the enquiry committee submitted his report in which he was found guilty of the charges levelled against him and as a result of that he was dismissed from service with effect from 31st May, 2001 by the Competent Authority. Copy of dismissal order is at ANNEX “B”. 5. That aggrieved by the dismissal order Mr. Rasheed Akbar Mulghani preferred departmental appeal to the Competent Authority on 1st June, 2001 and thereafter on 2nd June, 2001 he again submitted the revised appeal. Copies of both appeals are attached as ANNEXES “C & D” respectively. 6. That on 1st June, 2001 respondent No. 2 submitted a letter No. ATKEU/2091 dated 1.6.2001 addressed to the Chief Executive Officer of petitioner establishment, extended threats to withdraw the dismissal order of above-mentioned employee. Copy of letter dated 1.6.2001 is attached as ANNEX “E”. The said letter was properly replied by the management vide letter dated 4.6.2001 informing the Union that taking disciplinary action against accused employee is inherent right of employer. Copy of letter dated 4.6.2001 is attached as ANNEX “F”. It is pertinent to mention here that dismissal of above-named employee is an individual grievance and employee concerned can take the course of law available to him and Trade Union/CBA is not competent to take up the issue of dismissal of employee. 7. That the respondents continued visiting the office of the petitioner and other relevant officers to withdraw the order of dismissal, otherwise management will have to face dire consequences. The Union also started giving press statements in various newspapers as threatening and pressurising tactics to accede to their illegal demand. One of the press statement clearly revealed their intention in which respondents extended threats to the Management to reinstate the worker otherwise face dire

consequences in the form locking the Power House Gate and shut down of Power Plant. Copies of Press Clippings are attached as ANNEX “G”. 8. That on 6.6.2001, respondents entered into the petitioner’s office where Mr. Zulkifl Ejaz, Assistant Director (Admn) and Mr. Muhammad Yaseen, Consents and Business Service Officer were also present and compelled the petitioner to immediately reinstate Mr. Rashid Akbar Mulghani otherwise respondents will close the Power House gate, Power Plant will be shut down and nobody will be allowed to come inside or go out from the Power House. That on persistent pressure of the Union, the reply of the appeal was given by the Competent Authority informing the individual concerned that his appeal is rejected after consideration. Copy of reply to appeal is attached as ANNEX “H”. 9. That at about 12:50 hrs on 6.6.2001 soon after receiving the reply to the appeal, the respondents rushed to the Power House gate and first closed it and then locked and start inviting and inciting the workers to assemble at the Power House entry gate. The respondents also used the emergency sirens and loud speakers of mosque to announce that all workers immediately come to the Power House gate and join them in furtherance of their pressure on Management to get Mr. Rasheed Akbar Mulghani reinstated and subsequently committed following acts of unfair labour practice on their part: a) That the respondents along-with others closed the Power House entry gate illegally and without any justification for more than 7 hours and restrained the officers and staff including Chief Executive Officer of the company not to enter the Power House. b) That the respondents along-with others closed the canteen forcibly, as a result of which staff could not take meal and all the meal was wasted by the respondents.

c) That the accused/respondent No. 1 physically assaulted and slapped Mr. Muhammad Saeed Khan, Manager Industrial Relations who had gone there to convince them and bring them on table talk on the issue. d) That the respondent No. 5 physically assaulted and pushed Col. (Retd.) Syed Abrar Hussain, Security Manager who was there in controlling the law and order situation in a polite manners. e) That the respondents along-with others closed the airconditioning system of the Administration Block to create suffocation for all officers and staff in the building. f) That the respondents also disconnected the telephone connections to stop communication. g) That the respondents used the emergency sirens of Power House and colony in order to get assembled the workers at the main gate for extending pressure on the management which also created panic in the residential colony. h) That the respondents used loud speakers of mosques for announcement of emergency situation at the Power House gate. i) That the respondent restrained the entire second shift to change at 14: 00 hours and stopped first shift to leave duty and go. In such way respondents kept the officers and workers in illegal detention without allowing them to take meal or water. j) That the respondents raised anti-management slogans and filthy language against the officers and senior management and extended threat to the management that in case their Charter of Demand submitted on 1.6.2001 is not accepted as a whole then their will be loss of lives and closure of

Power House. Copy of Charter of Demand is attached as ANNEX “J”. k) That the respondents have been committing the unfair labour practice from 1st June, 2001, the day the respondents submitted the Charter of Demand and they have made Mr. Rasheed Akbar’s reinstatement a burning issue. 10.That on verbal as well as written request the Resident Magistrate and S.H.O. Kot Addu along-with police contingent arrived at the Power House gate at 14: 45 hours who were also not able to enter the Power House for more than 30 minutes. After detailed discussions with respondents No. 2 to 5, the Resident Magistrate and S.H.O. managed to just enter from one walk-way in the Power House along-with S.H.O. Chief Executive Officer of KAPCO, A.S.I. whereas no one else including Managers, Officers and staff could neither enter nor exist till 20: 15 hours. Thereafter, Joint Director Labour Welfare, D.G. Khan region also reached the Power House to end the illegal protest of respondents and workers. Detailed reports submitted to Government officials are attached as ANNEXES “K/1 to K/3”. 11.That the respondents have committed aforesaid acts of un-fair labour practice and further threatening to switch off the Power Station, to disconnect the electricity supply of KAPCO residential colony, disallow the Managers and Officers of the Management to enter or exist the Power House, threats of loss of lives and destruction to machinery and properties of company by use of force and other methods in case their demand of reinstatement of Mr. Rasheed Akbar and Charter of Demand dated 31.5.2001 are not accepted as a whole. 12.

That on 6.6.2001, the respondent illegally occupied/closed the main gate of the Power House and illegally detained the officers and staff for about 7 hours. In such circumstances, Joint Director Labour Welfare D.G. Khan Region and local management interfered and after lengthy negotiations, agreed

the respondent to open the gate and release the officers and staff of KAPCO. The respondent agreed conditionally that on 8.6.2001, Joint Director Labour Welfare, D.G. Khan Region will hold meeting of management and C.B.A. Union so as to solve the issue of reinstatement of Rasheed Akbar the dismissed employee. The management participated in the meeting with open mind, but due to adamant attitude of the respondents, it seems that negotiations will not succeed and respondents are further extending threats to again close the gate of the Power House and to switch off the whole Power Station. Press clipping dated 7.6.2001 is attached as ANNEX “L”.

BEFORE THE HON’BLE CHAIRMAN, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD.

Case No. 4A(54)/2001 Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh through Nisar Asim, General Manager Administration & Human Resources/Factory Manager KAPCO. Petitioner VERSUS 1.

Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh.

2.

Inaam

Ullah

Majeed,

Chairman, Al-Takbeer

KAPCO

Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. 3.

Muhammad Asif Chishti, General Secretary, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh.

4.

Rana Nadeem Anwar, President, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh.

5.

Rana Muhammad Saleem, Chief Pattern, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh.

6.

Sardar Ahmad, ASA, Office Bearer, Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power Company Limited, GTPS, Kot Addu, District Muzaffargarh. Respondents

PETITION UNDER SECTION 22-A (8) (g) OF THE INUDUSTRIAL RELATIONS ORDINANCE, 1969. AFFIDAVIT of: Nisar Asim, General Manager Administration & Human Resources/Factory Manager, Kot Addu Power Co. Ltd./Gas Turbine Power Station, Kot Addu, District Muzaffargarh. I, the above named deponent, do hereby solemnly declare as under: -

1.

That the petitioner is General Manager Administration & Human Resources and notified factory Manager Kot Addu Power Company Ltd. Gas Turbine Power Station, District Muzaffargarh. The company is engaged in generation of electricity supply to WAPDA for distribution to consumers. The establishment falls within the definition of “Public Utility Service” as defined in the Industrial Relations Ordinance, 1969 (hereinafter called as I.R.O. 1969) and also covered the Essential Services (Maintenance) Act, 1952. Notification to this effect is attached as ANNEX “A”.

2.

That the Power Station was privatised in 1996 with 36% shares to an investor called National Power of United Kingdom and 64% shares are held by WAPDA.

3.

That the respondent No. 1 is the Collective Bargaining Agent (CBA) in the petitioner establishment who attained the status of CBA on 2nd May, 2001 through Secret Ballot.

4.

That one employee of the petitioner establishment Rasheed Akbar Mulghani, Ex-Attendant committed misconduct by physically assaulting/beating his duty Incharge Mr. Abdul Mateen, Shift Supervisor during duty hours and caused severe injuries which lead him to hospitalisation. The accused employee was charge-sheeted for committing this act of misconduct, proper enquiry was conducted by the enquiry committee submitted his report in which he was found guilty of the charges levelled against him and as a result of that he was dismissed from service with effect from 31st May, 2001 by the Competent Authority. Copy of dismissal order is at ANNEX “B”.

5.

That aggrieved by the dismissal order Mr. Rasheed Akbar Mulghani preferred departmental appeal to the Competent Authority on 1st June, 2001 and thereafter on 2nd June, 2001 he again submitted the revised appeal. Copies of both appeals are attached as ANNEXES “C & D” respectively.

6.

That on 1st June, 2001 respondent No. 2 submitted a letter No. ATKEU/2091 dated 1.6.2001 addressed to the Chief Executive Officer of petitioner establishment, extended threats to withdraw the dismissal order of above-mentioned employee. Copy of letter dated 1.6.2001 is attached as ANNEX “E”. The said letter was properly replied by the management vide letter dated 4.6.2001 informing the Union that taking disciplinary action against accused employee is inherent right of employer. Copy of letter dated 4.6.2001 is attached as ANNEX “F”. It is pertinent to mention here that dismissal of above-named employee is an individual grievance and employee concerned can take the course of law available to him and Trade Union/CBA is not competent to take up the issue of dismissal of employee.

7.

That the respondents continued visiting the office of the petitioner and other relevant officers to withdraw the order of dismissal, otherwise management will have to face dire consequences. The Union also started giving press statements in various newspapers as threatening and pressurising tactics to accede to their illegal demand. One of the press statement clearly revealed their intention in which respondents extended threats to the Management to reinstate the worker otherwise face dire consequences in the form locking the Power House Gate and shut down of Power Plant. Copies of Press Clippings are attached as ANNEX “G”.

8.

That on 6.6.2001, respondents entered into the petitioner’s office where Mr. Zulkifl Ejaz, Assistant Director (Admn) and

Mr. Muhammad Yaseen, Consents and Business Service Officer were also present and compelled the petitioner to immediately reinstate Mr. Rashid Akbar Mulghani otherwise respondents will close the Power House gate, Power Plant will be shut down and nobody will be allowed to come inside or go out from the Power House. That on persistent pressure of the Union, the reply of the appeal was given by the Competent Authority informing the individual concerned that his appeal is rejected after consideration. Copy of reply to appeal is attached as ANNEX “H”.

9.

That at about 12:50 hrs on 6.6.2001 soon after receiving the reply to the appeal, the respondents rushed to the Power House gate and first closed it and then locked and start inviting and inciting the workers to assemble at the Power House entry gate. The respondents also used the emergency sirens and loud speakers of mosque to announce that all workers immediately come to the Power House gate and join them in furtherance of their pressure on Management to get Mr. Rasheed Akbar Mulghani reinstated and subsequently committed following acts of unfair labour practice on their part: -

a) That the respondents along-with others closed the Power House entry gate illegally and without any justification for more than 7 hours and restrained the officers and staff including Chief Executive Officer of the company not to enter the Power House.

b) That the respondents along-with others closed the canteen forcibly, as a result of which staff could not take meal and all the meal was wasted by the respondents.

c) That the respondent No. 2 physically assaulted and slapped Mr. Muhammad Saeed Khan, Manager Industrial Relations

who had gone there to convince them and bring them on table talk on the issue.

d) That the respondent No. 6 physically assaulted and pushed Col. (Retd.) Syed Abrar Hussain, Security Manager who was there in controlling the law and order situation in a polite manners.

e) That the respondents along-with others closed the airconditioning system of the Administration Block to create suffocation for all officers and staff in the building.

f) That the respondents also disconnected the telephone connections to stop communication.

g) That the respondents used the emergency sirens of Power House and colony in order to get assembled the workers at the main gate for extending pressure on the management which also created panic in the residential colony.

h) That the respondents used loud speakers of mosques for announcement of emergency situation at the Power House gate.

i) That the respondent restrained the entire second shift to change at 14: 00 hours and stopped first shift to leave duty and go. In such way respondents kept the officers and workers in illegal detention without allowing them to take meal or water.

j) That the respondents raised anti-management slogans and filthy language against the officers and senior management and extended threat to the management that in case their Charter of Demand submitted on 1.6.2001 is not accepted

as a whole then their will be loss of lives and closure of Power House. Copy of Charter of Demand is attached as ANNEX “J”.

k) That the respondents have been committing the unfair labour practice from 1st June, 2001, the day the respondents submitted the Charter of Demand and they have made Mr. Rasheed Akbar’s reinstatement a burning issue.

10.

That on verbal as well as written request the Resident Magistrate and S.H.O. Kot Addu along-with police contingent arrived at the Power House gate at 14: 45 hours who were also not able to enter the Power House for more than 30 minutes. After detailed discussions with respondents No. 2 to 5, the Resident Magistrate and S.H.O. managed to just enter from one walk-way in the Power House along-with S.H.O. Chief Executive Officer of KAPCO, A.S.I. whereas no one else including Managers, Officers and staff could neither enter nor exist till 20: 15 hours. Thereafter, Joint Director Labour Welfare, D.G. Khan region also reached the Power House to end the illegal protest of respondents and workers. Detailed reports submitted to Government officials are attached as ANNEXES “K/1 to K/3”.

11.

That the respondents have committed aforesaid acts of un-fair labour practice and further threatening to switch off the Power Station, to disconnect the electricity supply of KAPCO residential colony, disallow the Managers and Officers of the Management to enter or exist the Power House, threats of loss of lives and destruction to machinery and properties of company by use of force and other methods in case their demand of reinstatement of Mr. Rasheed Akbar and Charter of Demand dated 31.5.2001 are not accepted as a whole.

12.

That on 6.6.2001, the respondent illegally occupied/closed the main gate of the Power House and illegally detained the officers and staff for about 7 hours. In such circumstances, Joint Director Labour Welfare D.G. Khan Region and local management interfered and after lengthy negotiations, agreed the respondent to open the gate and release the officers and staff of KAPCO. The respondent agreed conditionally that on 8.6.2001, Joint Director Labour Welfare, D.G. Khan Region will hold meeting of management and C.B.A. Union so as to solve the issue of reinstatement of Rasheed Akbar the dismissed employee. The management participated in the meeting with open mind, but due to adamant attitude of the respondents, it seems that negotiations will not succeed and respondents are further extending threats to again close the gate of the Power House and to switch off the whole Power Station. Press clipping dated 7.6.2001 is attached as ANNEX “L”.

13.

That the Roznamcha Report of Kot Addu Police Station having jurisdiction regarding incident dated 6th June, 2001 and the subsequent report on the situation delivered to S.H.O., Police Station Kot Addu are attached as ANNEX “M”.

14.

That contents of petition and rejoinder replication may kindly be read as an integral part of this affidavit and the same are not being repeated for the purpose of brevity. However, ANNEXES of rejoinder are attached as ANNEXES “A/1 to A/6”.

15.

That all the contents of this affidavit are true and correct to the best of my knowledge and belief.

DEPONENT

Verification: Verified on oath this _____ day of August 2001 at Multan that the contents of this affidavit are true and correct to the best of my knowledge & belief. Nothing has been kept concealed thereto. DEPONENT