Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S. 53 read with Penal Code (XLV of 1860), S. 21 and Criminal Pro­cedure (V of 1898), S. 197 and West Pakistan Motor Vehicles Ordinance (XIX of 1965), S. 70 [as amended by West Pakistan Motor Vehicles (Amendment) Ordinance (IX of 1970) and West Pakistan Motor Vehicles (Punjab Amendment) Ordinance (XII of 1972)]-Managing Director, Punjab Transport Board-Government servant-Prosecution without proper sanction not possible for act done in discharge of his official duty. Muhammad Ismail v. Mian Ejaz Ahmad 1970 P L C 404 rel. Akbar Earid for Petitioner. Pirzada Abdul Saeed for Respondent. ORDER The above petition was marked for disposal on 29th June 1974, by the National Industrial Relations Commission and was received in this office by post on 20th July 1974. The parties were summoned and on the last date i.e., 2nd October 1964, only the complainant/petitioner was summoned for his preliminary examination and evidence. Today Habibullah Khan petitioner alongwith Akbar Farid Advocate has appeared on behalf of the petitioner-Union. Pirzada Abde-Saeed Advocate has volunteered his appearance on behalf of the respondent. The parties have addressed their arguments regarding the maintainability of the petition/complaint. It is stated in the petition that of the three workers trade unions of the Government Transport Service, D. G. Khan, the petitioner-Union has been working as R. T. C. Labour Welfare Union. The workers Union G. T. S., Dera Ghazi Khan, worked as C. B. A. on behalf of all the workers Unions for two years ending on 10th June 1974. Muhammad Sadiq Bhatti, respondent No. 2 worked as General Secretary of the said Union. He was promoted from the post of Senior Clerk to Assistant by the Managing Director, P. R. T. Board and transferred to G. T. S. Lyallpur on 24th May 1974. Another order was passed on 29th May 1974, under which he was re-transferred to D. G. Khan till further orders. The said transfer order was passed to the prejudice of the interests of the remaining two Trade Unions in regard to the forthcoming referendum for the election of C. B. A. after the term of the G. T. S. Workers' Union as C. B. A. was to…

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