Case Details

Citation(s)
2014 SLG 360 2014 SLD 360 2014 PLC 145
National Industrial Relations Commission
Cases Nos. 4A(1373)/12-L and 4A(2656)/96-L, decided on 2nd May, 2013.
CH. SHAUKAT NAWAZ GORAYA, MEMBER
Ch. Waqar Ahmad for Petitioner. Faisal Mehmood Ghani for
Respondents.

EMPLOYEES UNION

VS

UNITED BANK LIMITED and others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22-A(8)(g)---Unfair Labour practice by the employers---Petitioner union, had alleged that employer/Bank had become hostile towards the office-bearers and members of the petitioner union due to their lawful trade union activities; that in order to victimize them, the office-bearers were charge-sheeted on the allegation that they were habitual absentees besides; serving of the charge sheets, certain other acts were also pointed out, alleging that all those actions of the employers amounted to committing of unfair labour practice; and that employers resorted to intimidate and coerce the office-bearers of the petitioner union, so that they should leave the trade union activities---Petitioner, had prayed that employers be restrained for commission of further acts of unfair labour practice---Employers, sought rejection of petitions, contending that petitioner union was registered with the Local Registrar of Trade Unions, and petitions were filed under Industrial Relations Ordinance, 1969, at the time when no Collective Bargaining Unit was determined in the employer/bank; that in absence of trans Provincial status of the petitioner union, and union having been cancelled/ceased to exist, the provisions of Industrial Relations Act, 2012, were not applicable and National Industrial Relations Commission, had no jurisdiction to proceed with the matter---Validity---Petitioner union having not attained the character of industry-wise trade union, provisions of Industrial Relations Act, 2012 were not applicable; and the National Industrial Commission had no jurisdiction to adjudicate the petitions of the union---Petitions which could not proceed, were dismissed accordingly. 2007 PLC 279 ref. ORDER CH. SHAUKAT NAWAZ GORAYA (MEMBER).--- I intend to dispose of both the above titled petitions together with this single order as the petitions are interlinked and same question of law in involved in both the petitions. 2. The petitioner union brought these petitions under section 22-A (8)(g) of IRO, 1969. It was contended that petitioner was a duly registered trade union of the workmen employed in the Gujrat Zone of UBL and was…
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