IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with
signature of Judge
Dated: 07.03.2012
Mr. Raja Qasit Nawaz for the petitioners.
Mr. Ashfaque Ahmed, DAG for respondent No.1.
Mr. Jawed Asghar for respondents No.2 & 3.
Mr. Sibtain Mahmud for respondent No.4.
-.-.-
Petitioners claim to be workers of Abbott Laboratories (Pakistan) Limited and have prayed for the following reliefs:-
“a) Declare that the impugned acts of the respondents No.2 & 3 are illegal, void-ab initio, unreasonable, without lawful authority, unwarranted, showing lack of prudence, negligence on the part of the respondents No.2 besides being against provisions of laws, rules and regulations of trust deed and also showing lack of probity, violation of principle of natural justice besides being against provisions of Articles 2-A, 4, 8, 9, 17, 18, 25 and 37(e) of the Constitution of Pakistan hence of no legal effect;
b) to direct the respondents 1, 4 & 5 to take stern action against the respondents 2 & 3 for violating the law and also to make good the losses sifted upon the workers/employees.
c) to direct the respondents 2 & 3 not to shift the losses upon the individual accounts of the workers/employees and the illegal adjustment shown in March Salary sheet shall not be given effect;
d) to direct the respondents to allow two representatives of the petitioner No.316 to represent workers/employees by acting as trustees in the Abbott Laboratories (Pakistan) Ltd Staff Provident Funds;
e) to grant permanent injunction restraining the respondents 2 & 3 from giving effect to the decisions/resolutions and illegal deductions made from the individual accounts of the workers pending decision of the petition;
f) any other/further/additional relief as deems fit and proper under the facts and circumstances of the case.
g) costs of the proceedings.”
Counsel for the petitioners pointed out that there was a trust deed that was executed on 31.07.1994 whereby Abbott Laboratories (Pakistan) Limited Staff Provident Funds have been created and the amount, which was so generated in the funds, was to be invested in the manner provided in the Trust Deed. The trustees of the said Funds have utilized the same in the shares of the company itself, which has caused a minimum of 50 Million loss to the Funds which is to be borne by the workers of the company. Counsel for the petitioners has also relied upon Section 20 of the Industrial Relation Ordinance No.V of 2011 which describes the functions of the Collective Bargaining Agent and one of the functions include nomination of its representative on the board of trustees of any welfare institution of provident funds and of the Workers’ Participation Funds established under Companies Profits (Workers Participation) Act, 1968.
We have heard the learned counsel and are of the opinion that for redressal of the petitioners’ grievance, which is against the respondent No.3 i.e. Abbott Laboratories (Pakistan) Limited, a public limited company not being State run organization, the jurisdiction of this Court under Article 199 of the Constitution, cannot be invoked. Let the petitioners approach the appropriate forum for redressal of their grievance. The petition is, therefore, dismissed along with listed applications.
Judge