Case Details

Citation(s)
2011 SLG 1606 2011 SLD 1606 2011 PLC 219
National Industrial Relations Commission
Case No.24(54) of 2010, decision dated: 18-01-2010.
GHULAM NABI DEESHAK, MEMBER

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National Industrial Relations Commission KHALID HUSSAIN

VS

REGIONAL OPERATION HEAD UNITED BANK LIMITED KHALID HUSSAIN vs REGIONAL OPERATION HEAD UNITED BANK LIMITED

Law:

Section:

Industrial Relations Act (IV of 2008)-------Ss. 25(8)(g) & 17(1)(c)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)---Unfair labour practice by employer---Stay application---Petitioner who was Grade III Officer in the employer Bank, had alleged that he being not only active member of the Trade Union in the Bank, but also took part in the formation and promotion of Trade Union activities, and due to that he was being threatened to be removed from service and a time-barred charge-sheet was issued to him---Petitioner had contended that employer was bent upon to remove him from service on account of Trade Union activities on false charge-sheet---Petitioner filed petition under S.25(8)(g) of Industrial Relations Act, 2008 along with stay application---Validity---Only bald and vague allegation had been made by the petitioner and no specific instance of alleged unfair labour practice had been mentioned---Petitioner had alleged that he had been issued charge-sheet by the employer due to his Trade Union activities, but no such detail of union activities which had caused annoyance to the employer had been specified---Petitioner, in circumstances, had not been able to make out prima facie case for grant of interim relief---Stay application filed by the petitioner was dismissed and interim preliminary stay order was recalled/vacated, in circumstances. PLD 1988 SC 53-56, 2004 SCMR 28, 2005 PLC 357 and 2007 PLC 181 ref. Abdul Hafeez Amjad for Applicant. Faisal Mahmood Ghani for Respondent. ORDER GHULAM NABI DEESHAK (MEMBER).--- This order shall dispose of stay application under Regulation 32(2) of the NIRC (Procedure and Functions) Regulations, 1973 filed by above named petitioner along with a petition under section 25(8)(g) read with section 17(1)(c & d) of the IRA 2008. The brief facts of the case are that the petitioner had joined service in United Bank Limited as NCS on 3-2-1987, thereafter he was promoted as Assistant and as OG-III on the basis of honest, efficiency and extra ordinary performance. The duty of petitioner has manual, clerical and technical in nature. He is still performing the same job which…
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