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
5. Rana Muhammad Saleem, Chief Pattern, Al-Takbeer KAPCO
6. Sardar Ahmad, ASA, Office Bearer, Al-Takbeer KAPCO
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 air-

conditioning 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
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.
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.

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)
Case No. _____________/2001

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
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. 14
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 Copy of reply by management dated F 24-25
4.6.2001
10 Copies of press clippings. G 26-32
11 Copy of reply to appeal dated 6.6.2001 H 33
12 Copy of Charter of Demand dated J 34-37
31.5.2001
13 Copy of reports to Govt. Officials. K/1 38
16 Copy of press clipping 7.6.2001. L 41
17 Power of Attorney. 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
Petitioner
VERSUS
Al-Takbeer KAPCO Employees Union (CBA), Kot Addu Power
Respondent
PETITION U/S 6 OF THE PAKISTAN ESSENTIAL

SERVICES (MAINTENANCE) ACT, 1952.
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 anti-
management 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,

Certificate: -
It is certified that as per instructions
of our client, it is first petition on the
subject matter.
Advocate
Case No. _____________/2001

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
Case No. _____________/2001

Vs.
STAY APPLICATION.
1. 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.
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 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 anti-
management 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.
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-e-
Iqbal, Egerton Road, Lahore, 54000, for information.

Case No. _____________/2001

Vs.
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 Copy of impugned Charter of Demand B 7
dated 31.5.2001
5 Stay application. 10
6 Affidavit. 11
7 Power of Attorney. 12
PETITIONER
Dated: ____________
Through: -
COUNSEL
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
2. Muhammad Asif Chishti, General Secretary, Al-Takbeer KAPCO
3. Rana Nadeem Anwar, President, Al-Takbeer KAPCO Employees
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.
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.

(CBA) in the petitioner establishment who attained the status
of CBA on 2nd May, 2001 through Secret Ballot.

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”.

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

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: -


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.

polite manners.




gate.

meal or water.

ANNEX “J”.




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.

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,


CAMP AT LAHORE.
Complaint No. _____________/2001
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
5. Mr. Resident Magistrate, Kot Addu Power
6. Mr. Labour Officer Factories, Muzaffargarh.

CAMP AT LAHORE.
Complaint No. _____________/2001
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: -

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.

(CBA) in the petitioner establishment who attained the status of
CBA on 2nd May, 2001 through Secret Ballot.

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”.


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

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: -


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.

polite manners.




gate.

meal or water.

ANNEX “J”.

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

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.

ANNEX “L”.

Case No. 4A(54)/2001
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
4. Rana Nadeem Anwar, President, Al-Takbeer KAPCO
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.

(CBA) in the petitioner establishment who attained the status
of CBA on 2nd May, 2001 through Secret Ballot.

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”.

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

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: -


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.

polite manners.




gate.

meal or water.

ANNEX “J”.



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

Nisar Asim

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BEFORE THE HON’BLE CHAIRMAN, NATIONAL

INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD.

Case No. _____________/2001

PETITION UNDER SECTION 22-A (8) (g)

3. That the respondent No. 1 is the Collective Bargaining Agent

4. That one employee of the petitioner establishment Rasheed

5. That aggrieved by the dismissal order Mr. Rasheed Akbar

6. That on 1st June, 2001 respondent No. 2 submitted a letter No.

7. That the respondents continued visiting the office of the

8. That on 6.6.2001, respondents entered into the petitioner’s office

a) That the respondents along-with others closed the Power

b) That the respondents along-with others closed the canteen

c) That the respondent No. 2 physically assaulted and slapped

e) That the respondents along-with others closed the air-

f) That the respondents also disconnected the telephone

g) That the respondents used the emergency sirens of Power

h) That the respondents used loud speakers of mosques for

i) That the respondent restrained the entire second shift to

j) That the respondents raised anti-management slogans and

10. That on verbal as well as written request the Resident

11. That the respondents have committed aforesaid acts of un-fair

12. That on 6.6.2001, the respondent illegally occupied/closed the

In view of above, it is respectfully prayed that

It is further prayed that respondents as well as all

It is further prayed that ad-interim injunction may

It is further prayed that any other relief, for which

2. Muhammad Amin Malik

Case No. _____________/2001

Kot Addu Power Co. Ltd.

APPLICATION FOR STAY UNDER

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

4. That in case, the stay requested is not granted, the applicant

It is further prayed that respondents as well as all

It is further prayed that any other relief, for which

Case No. _____________/2001

Kot Addu Power Co. Ltd.

I, the above named deponent do hereby

Complaint No. _____________/2001

Nisar Asim Vs. Inaam Ullah Majeed

S. No. NAME OF DOCUMENTS ANNEXES PAGES

Case No. _____________/2001

PETITION U/S 6 OF THE PAKISTAN ESSENTIAL

2. That petitioner establishment is engaged in the generation of

3. That management of the petitioner establishment took over

4. That respondent is the registered Trade Union in the petitioner’s

5. That respondents union submitted a Charter of Demand dated

6. That in order to get accepted the illegal demands mentioned in

7. That petitioner establishment is covered under the Pakistan

8. That in case the impugned Charted of Demand is not adjudicated

9. That respondents are desperate persons. It is normal practice in

10.That this Hon’ble Court, being specified authority under Pakistan

In view of above, it is respectfully prayed that this

It is further prayed that meanwhile respondent union

Any other relief, which this Hon’ble Court

2. Muhammad Amin Malik

Case No. _____________/2001

Kot Addu Power Co. Ltd.

PETITION U/S 6 OF THE PAKISTAN ESSENTIAL

I, the above named deponent do hereby

Case No. _____________/2001

Kot Addu Power Co. Ltd.

Islamabad the 8th February 2001.

(Mehir Malik Khattak)