Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-----Ss. 2(xxviii) & 22-A(8)(g)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32---Industrial Relations Act (IV of 2008), Preamble---Punjab Industrial Relations Act (XIX of 2010), Preamble---Unfair labour practice by employers---Stay application---'Workman', determination of---Petitioner in petition under S.22-A(8)(g) of Industrial Relations Ordinance, 1969, had challenged charge-sheet issued to him, alleging that he being active member of Trade Union in the establishment had been victimized due to his trade union activities---Petitioner had also filed application for interim stay order---Petition and stay application were resisted by the employers, firstly on the ground that case pertained to Punjab where Punjab Industrial Relations Ordinance, 2010 had been promulgated and that in said Ordinance, there being no provisions of National Industrial Relations Commission, Commission had no jurisdiction to adjudicate upon the petition---Validity---Cause of action in the case having accrued before the promulgation of Punjab Industrial Relations Ordinance, 2010, matter would be dealt with under the provisions of Industrial Relations Act, 2008---Commission, in circumstances had jurisdiction to adjudicate upon the petition---Further objection of employers was that the petitioner being not workman, but an officer, his petition was notmaintainable---Record had established that petitioner was Branch Manager of the Bank, and holder of power of attorney from the Bank; he could not become member of union in the establishment and neither could take part in its activities---Alleged allegation of unfair labour practice committed against him on account of his lawful trade union activities, was not made out---Petitioner had not offered any certificate to prove his membership of said Trade Union---Petitioner not falling within the definition of 'workman' as defined in Labour Laws, no cause of action was available to him against the employers in circumstances---Petition and stay application merited…

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