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2014 P L C 56 NATIONAL INDUSTRIAL RELATIONS COMMISSION Case No.4B(282) of 2012 and C.M. A24B(124) of 2012, decided on 26th March, 2013. Date of hearing: 19th December, 2012. Before Raja Fayyaz Ahmed, Chairman PAKISTAN MINERAL DEVELOPMENT CORPORATION (PMDC) HEAD OFFICE AND BRANCH OFFICE UNION through General Secretary VS PAKISTAN MINERAL DEVELOPMENT CORPORATION (PMDC) through Managing Director R.D. Chaudhry along with Muhammad Attiq, General Secretary for Petitioner. Mushtaq Hussain Bhatti for Respondent. Industrial Relations Act (X of 2012)--- ----Ss. 33(1)(9), 57(2)(c) & 60---Enforcement of any right guaranteed or secured under the law/settlement---Petitioner/union, Collective Bargaining Agent, had filed petition under Ss.33(9) & 57(2)(c) of Industrial Relations Act, 2012, seeking consideration of workmen for promotion, perpetual injunction; and restraining employer/ corporation from appointment of officers from outside---Petitioner had submitted a representation seeking the annulment of advertisement to the extent of the proposed appointment---Counsel for employer/ corporation had objected the petition, contending that under the law, petitioner being Collective Bargaining Agent, could not enforce any right guaranteed or secured by any law to the workmen under S.39(9) of Industrial Relations Act, 2012---Validity---As a result of Settlement executed between the petitioner union and employer/Corporation, 75% of vacancies were to be filled by promotion, and 25% by direct recruitment---Said 75% vacancies related to the workers who were found fit for selection by the Departmental Promotion Committee to hold the position, which selection was individual right of the workers, and not the right of Collective Bargaining Agent; in the present case notice in respect of the grievance was given by the Collective Bargaining Agent, and not by any individual workman---Effect---Under provisions of S.60 of Industrial Relations Act, 2012, any Collective Bargaining Agent or any employer could apply to the Commission for enforcement of any right guaranteed or secured to it or him or to the workers collectively, by or under any law, award, settlement or decision, which was…

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