ZAFAR ALAM SARWAR Versus PROGRESSIVE PAPERS LIMITED
ORDER
Petitioner a News Editor in Pakistan Times, Islamabad seeks a direction prohibiting the respondents from committing any act of unfair labour practice and from dismissing, terminating, removing or injuring his employment in any manner or transferring him by way of victimization. He states. that he is an active member of PPL Workers and Employees Union. He had remained Vice‑President and General Secretary of the said Union on two different occasions in past and had also been elected Assistant Secretary-General of the Pakistan Federal Union of Journalists and has been an active trade unionist throughout his life. He was the Chairman of the Election Committee in the elections of the PPL Workers and Employees Union were held in January, 1991 and had also been participating in the meetings of the Executive Body of the Union.
2. It is claimed that although the petitioner does not hold any office in the trade union at present, yet the respondents are aware that even without holding any office he is an active member of the union and all Press releases of the union are published through the petitioner. The respondents were annoyed due to these trade union activities.
3. A mishap happened on 10‑10‑1991 in the issue of the newspaper when the petitioner was served with an explanation letter. The petitioner was however, not responsible for that lapse in any manner. He replied to the explanation letter on 13‑10‑1991. The Editor Incharge supported the view vide his note dated 10‑10‑1991 that the petitioner could not be held responsible for the lapse. A general body meeting of the PPL Workers and Employees Union was held on 15‑10‑1991. The petitioner delivered a speech and held respondent No.3 responsible for the lapse. That speech also annoyed the respondent No.3. Earlier on 12‑10‑1991, respondent No. 3 had exchanged hot words with the petitioner in connection with the explanation letter, dated 10‑10‑1991. He had threatened the petitioner with dire consequences and dismissal from service. The petitioner had also applied for the recovery of arrears and implementation of Wage Board's Awards before the implementation Tribunal for Newspaper Employees which had also annoyed the respondents. The petitioner now apprehends that the respondents would either terminate, dismiss, remove, transfer or injure his employment for which he prays for the directions, as stated above.
4. I have heard the learned counsel for the petitioner.
5. It is admitted by the petitioner that certain professional lapses had occurred in taking out Pakistan Times, Rawalpindi dated 10‑10‑1991. It is also admitted that a note for explaining those misconducts was given to the petitioner. He had stated that he had nothing to do with those lapses and that the same had occurred due to the centralised system kept in vogue by respondent No. 3. The petitioner had then demanded an inquiry. The petitioner now fears injury to his employment and seeks restraint order against it.
6. The respondents stated that the petitioner had abused the respondent in most filthy terms. Respondents refute that petitioner was not responsible for committing professional lapses in the edition of 10‑10‑1991. They assert that this is not a case of unfair labour practice. A master can always hold an inquiry into the misconduct of his servants. A trade union officer, even if the petitioner is one, is also subject to the employers' discipline. I am of the view that the whole case of the petitioner hinges upon evidence which has yet to be recorded and no interim relief could be granted, in the circumstances as held in 1991 PLC 597. The respondents also dispute that the News Editor is a workman. In that case also, the evidence will have to be recorded because the establishment of a prima facie case also means that the case is maintainable. For this view reliance is placed on PLD 1980 Lah. 647. In this view of the matter the stay application is dismissed to come up for petitioner's evidence on 28‑6‑1992.
H.B.T./188/NIRC ??????????????????????????????????????????????????????????????????? Application dismissed.