| Citation(s) |
|---|
| 1976 SLG 66 1976 SLD 66 1976 PLC 123 |
Labour Appellate Tribunal, Punjab
Petition No. 119 of 1974, decided on 24th October 1974.
MALIK LEHRASAP KHAN, PRESIDING OFFICER
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Petition No. 119 of 1974, decided on 24th October 1974.
MALIK LEHRASAP KHAN, PRESIDING OFFICER
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EMPLOYEES UNION
VS
MESSRS RAFHAN MAIZE PRODUCTS Co. LTD.; LYALLPUR
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25-A,34,45
(a) Industrial Relations Ordinance (XXIII of 1969)---Ss. 25-A, 34 & 45-Redress of grievance of individual worker Collective Bargaining Agent - Cannot espouse cause of individual workman-Section 34 confers no right on Collective Bargaining Agent to take up cause of individual workman so as to nullify provisions of S. 25-A. 1971 P L C 443 ref. National Bank of Pakistan Employees Front v. National Bank of Pakistan etc., 1975 P L C 188(2); Secretary, Labour v. National Refinary 1975 P L C 105 and Workers Union v. Metropolitan Steze Corporation 1975 P L C 230 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- --- S. O. No. 15(5) read with Industrial Relations Ordinance (XXIII of 1969), S. 47 and Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Supension-Workman can be suspended for 4 days at a time Domestic enquiry completed but Employer seeking Court's permission for dismissal--Workman, in circumstances, held, should be re-instated pending adjudication of application seeking permission of Court for dismissal. ORDER 1. Eight workers whose names and particulars are given in the list marked 'A' attached with the under consideration application were placed under suspension on 21/22 August 1974 by the Management of the respondent Rafhan Maize Products Co. Ltd. Lyallpur under Standing Order 15(5) of tile Schedule to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for the purpose of conducting an enquiry into the alleged misconduct of these workmen. 2. Employees Union Rafhan Maize Products Co. Ltd., Lyallpur which is Collective Bargaining Agent in the said establishment brought an industrial dispute in this Court on 27th September 1974 seeking award in respect of 10 demands listed in the Schedule of demands of the industrial dispute. One of these demands is that charge-sheets, show-cause notices and suspension orders in respect of the aforesaid 8 workmen be withdrawn. 3. On 8th October 1974 the petitioner-Union brought the under consideration application under sections 34 and 45 of the Industrial Relations Ordinance, 1969 and Order XXXIX, rule 2 of the Code of…
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