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Complaint No. 32 of 1971, decided on 29th June 1972.

, S. 53(I) read 2with S. 15-No allegation to complaint of complainant having been dismissed because of his Trade Union activities-Mere maltreat ment, for which report already lodged Kith police, and service of charge-sheet and dismissal from service - Not contemplated as offence under S. I.)-Dismissal of employee-Cannot amount to unfair labour practice unless covered under cl. (d) of S. 15.

Jamil for the Complainant.

This is a Complaint under section 53 1) of the Industrial Relations Ordinance, 1969.

The allegations in the Complaint are at the complainant, who was an employee of the respondents, was maltreated by the Fore man of the respondents and thereafter served with a charge sheet and subsequently dismissed from service. As regards the maltreatment, the complainant states that he had lodged the report with the police. With respect to his dismissal of an employee would amount to unfair labour practice only if he proposes to become, or persuades any other person to become a member or officer of a Trade Union, or participate in the membership, formation or activities of a Trade Union, as provided in clause (d) of section 15. In the present case, there is no allegation in the complaint that the applicant was dismissed from service because of his Trade Union activities.

Therefore, the Complaint appears to have been misconceived. The respondent-Union have pleaded, inter alia, that the, and is accordingly dismissed. The proper remedy for the appli cant would be to seek the relief by making an, application under interim injunction, which is pending before the Sind Labour section 34 of the I.R.O., 1969, or under the provisions of the Appellate Tribunal. The Representative for the applicants, while Standing Orders Ordinance, 1968.

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