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Case No. 4(235) of 1976 , decided on 11th November 1976.

--- S. 15(f) read with S. 53-Unfair labour practice by employer --Facility of scooter provided to Trade Union Officer-Withdrawal of such facility-Held, cannot amount to unfair labour practice unless such steps meant to compel Trade Union Officer to arrive at a settlement.

Syed Iqbal Habib for the Accused.

Abdullah Butt is a Machine Operator posted to Abpara Branch of United Bank Ltd. at Islamabad. There is a Union in the said branch known as "UBL Employees Union, Rawalpindi Zone" of which Abdullah Butt is the President. Abdullah Butt has filed this complaint against Mr. S. H. Muzaffar Zaidi, Executive Vice-President of the United Bank Ltd., Rawalpindi Zone. Rawalpindi for getting him punished under section 53 of the I. R. O. read with section 15 (f) thereof. The reasons for the complaint given in the com plaint are as follows :-

"That he was given a scooter for Trade Union activities in 1972 and it went out of order in September, 1974. He was given a, new scooter in September, 1975 but that the same was taken back from him by the accused to force him to quit the Union by curbing his activities."

After recording preliminary statement of the complainant, the accused was summoned and charge-sheeted. In support of the prosecution the com plainant appeared in evidence and produced Rashid Malik, Sub-Accountant, Agriculture Development Bank of Pakistan (Head Office), Islamabad and S. Mumtaz, Teller, State Bank of Pakistan, Islamabad. The statements of the two prosecution witnesses are of no use as their statements are simply to the effect that the complainant told them that a scooter had been given to him by the Management for 'trade Union activities. They have no personal knowledge whatsoever. We are, therefore, left with the solitary statement of the complainant and it does not prove that any scooter had been given to him at all what to say for Trade Union activities. He could not produce any record in that respect and he could not show that any scooter had been given to any other officer of any Union in other branches anywhere in Pakistan. The charge, therefore, has not been brought home to the accused. Further more, even if the allegation of the complainant be taken as correct, this does not amount to unfair labour practice under sections 15 (f ), A I. R. O., because withdrawal of a facility for compelling a Trade Union officer can amount to unfair labour practice only if it is for the purposes of forcing him to arrive at a settlement. There was no demand either by the Union or the Management and the question of any settlement, therefore, does not arise at all. In view of the above, the accused is, therefore acquitted.

Accused acquitted.

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