Law: Industrial Relations Act, 2012

Section: 31

  Industrial Relations Act (X of 2012)--- ----S. 31---Managerial decisions by employer---Unfair labour practices asserted by workers---National Industrial Relations Commission, jurisdiction of---Petition under S. 31 of the Industrial Relations Act, 2012---Maintainability---Petitioners, being employees of Quetta Electrical Supply Company / QESCO), invoked S.31 of the Industrial Relations Act, 2012, alleging that the respondents / QESCO had committed gross unfair labour practices by unilaterally scrapping the decades-old binding "Commercial Procedure" and imposing an entirely new feeder-wise duty system---Validity---The jurisdiction of National Industrial Relations Commission ( the Commission ) under S.31 of the Industrial Relations Act, 2012 ( the IRA, 2012 ) is limited to redressing unfair labour practices ---The expression unfair labour practice is a term of art and cannot be invoked merely because employees are aggrieved by a managerial decision---Assignment of duties, preparation of duty rosters, transfers, postings and internal administrative arrangements are purely managerial prerogatives and do not constitute unfair labour practice unless they are proved to be actuated by malice, victimization or made with the object of punishing workers for trade union activities---Thus, present petition was not maintainable under S.31 of the Industrial Relations Act, 2012---Petition, being non-maintainable, was dismissed, in circumstances. Industrial Relations Act (X of 2012)--- ----S.31---Managerial decisions by employer---Unfair labour practices---Scope--National Industrial Relations Commission, jurisdiction of---Scope---Petitioners being employees of Quetta Electrical Supply Company / QESCO invoked S.31 of the Industrial Relations Act, 2012, alleging that the respondents / QESCO had committed gross unfair labour practices by unilaterally scrapping the decades-old binding "Commercial Procedure" and imposing an entirely new feeder-wise duty system---Validity---In the present case, the petitioners failed to bring their grievance within any specific entry of the IRA, 2012---The change from an old commercial procedure to a feeder-wise system was,…