Law:

Section:

Industrial Relations Ordinance, 2002 (XCI of 2002)-- ----Ss. 49(4)(c) & 63--National Industrial Relation Companies (Functions and Procedure) Regulations, 1973, Regul. 34--Constitution of Pakistan, 1973, Art. 38--Exercise of power--Determination--Fundamental right--Retention of residential accommodation was allotted to petitioner--Matter of social dimension--Not advisable--Transfer employees be compelled to vacate the house allotted to him to call for his explanation on the charge of retaining the accommodation is a harsh step the treatment with petitioner falls within the ambit of Section 63 Ordinance, 2002 concerning unfair labour practice against petitioner for his trade union activites--Service of impugned charge sheet was based on malafides--Petition was allowed. [Pp. 129 & 130] A Order This petition was filed u/S. 49(4)(e) of the Industrial Relations Ordinance 2002 on 2-10-2004 accompanied by application for grant of stay and affidavit duly attested by the Oath Commissioner. In this petition the transfer orders dated 28-9-2004 and 17-9-2004 in respect of the petitioners were challenged with the pray that the same be set aside as the same were alleged to be based on unfair labour practice with a view to stopping them from participation in the internal election of the union scheduled to be held on 13-10-2004 under the supervision of Registrar Trade Union Islamabad. A letter dated 02-09-2004 from RTU, Islamabad has also been appended to the petition as Annexure "H" by drawing attention to the effect that ZTBL Staff may not be transferred, in the interest of justice and fair play, to places outside Islamabad so that the elections are finalized. 2. Facts as stated in the petition precisely are that the petitioners are permanent employees in the respondent bank and are members of ZTBL Staff Union registered with RTU Islamabad which is stated to be certified as CBA for Islamabad District, Annexure "A" is appended to the petition as a proof of petitioners' trade union activities, which in fact is the result sheet of earlier trade union elections which were, though lost, contested by the petitioners, It is stated that the respondent management vide office…

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