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Industrial Relations Ordinance (XXIII of 1969)- ---- Ss. 26, 34 & 47-General Secretary of Union charge-sheeted . for misconduct-Union raising demands involving -financial impli­cations during operative period of settlement containing agreement not to raise such demands-Management alleging that demand notices followed by strike notice were served mala fide to defeat process of law and disciplinary procedure in respect of General Secretary of Union-Both notices on application of Management under S. 34 held by Member, National Industrial Relations Commis­sion as illegal-Appeal before Commission pressed on plea-that impugned order of Member amounted to stopping a public functionary from performing his functions and even an injunction to restrain juris­diction of a public functionary cannot be issued because law pro­vides procedure for service of strike notice and for raising industrial dispute under S. 26 Which could not be taken away even by consent of parties-Contentions, in circumstances, rejected and, held, service of both notices by General Secretary was in colourable exercise of his powers being for purpose of sustaining himself into service and apparently in fraud .of law and mala fide-Raising of demand in existence of contrary clauses of operative settlement, held, permissible only if there were changed circumstances-No bona fide impelling -or compelling circumstances justifying fresh industrial dispute apparent on record 'Impugned order of Member, in circum­stances, upheld by Commission-Industrial Relations Ordinance (XXIII of 1969), S. 22-D-(P L D 1964 S C 633 ; P L D 1967 Kar. 547 and P L J 1977 Tr. C. (Lah.) 303 held not applicable). P L D 1964 S C 633 ; P L D 1967 Kar. 547 and P L J 1977 Tr. C. (Lah.) 303 held not applicable. P L D 1974 S C 151 and P L D 1974 Lah. 18 rel. 1960 P L C 166 ; 1966 P L C 279 ; 1968 PLC 87 ; 1975 PLC 153 and 1973 P L C 64 rel. Tanveer Rashid Ansari for Appellant. Muhammad Afzal Siddiqui for Respondent. Dates of hearing : 15th, 16th October ; 3rd and 6th December, 1980. JUDGMENT MAHMOOD AKHTAR (MEMBER).-The Acts leading to this appeal are that the Gammon Pakistan Limited Employees' Union (hereinafter called the "Union"…

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