Case Details

Citation(s)
2011 SLG 1601 2011 SLD 1601 2011 PLC 238
National Industrial Relations Commission
No.4A(157)/2010-K, 24(180)/2010-K, decision dated: 22-02-2011.
BASHIR AHMED MEMON, MEMBER

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KESC LABOUR UNION (CBA) through Chairman and 1 others

VS

Messrs KARACHI ELECTRIC SUPPLY COMPANY LTD. through Chief Executive ad another KESC LABOUR UNION (CBA) through Chairman and 1 others vs Messrs KARACHI ELECTRIC SUPPLY COMPANY LTD. through Chief

Law:

Section:

Industrial Relations Act (IV of 2008)-------Ss. 25, 17, 26 & 32---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32---Unfair labour practice---Interim stay order---Petitioner had challenged the maintainability, propriety and legality of circular titled as "Performance Management System for Non-management Staff", issued by Management contending that said circular had been issued in order to target the unionized staff working in the establishment, which was act of unfair labour practice---Interim stay order was granted in favour of the petitioners---Collective Bargaining Agent, could approach only for the enforcement of right guaranteed and secured to it; and it could not espouse the cause of individual workman---Petitioner had failed to make out a prima facie case for grant of any relief---Not only stay application, but main petition stood dismissed, in circumstances. 2010 PLC (C.S.) 789 ref. Ch. M. Ashraf Khan for Petitioners. Faisal Mahmood Ghani for Respondents. ORDER BASHIR AHMED MEMON (MEMBER).--- The present petition has been filed by the petitioners under section 25 read with sections 17, 26 and 32 of the IRA, (R&A) 2010 claiming that petitioner No.1 is collective bargaining agent in the establishment of respondents determined through secret ballot whereas petitioners Nos.2 to 12 are workmen employed with respondent management. The petitioners through this petition have challenged the maintainability, propriety and legality, of Circular No.34/2010 dated 21-7-2010 titled as "Performance Management System for non-management staff "Annexure P). It has been alleged by the petitioners that the above said circular has been issued in order to target the unionized staff working in the respondent establishment which is an act of unfair labour practice. 2. Along with main petition application for interim stay has been filed and while admitting the petition interim stay order was granted in favour of the petitioners. 3. Upon service of notice the respondents filed their comments and counter affidavit denying the allegation of unfair labour practice and have asserted that Industrial and Commercial Employment…
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