Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 2(xxviii), 15, 15-D & 53 read with Provisional Constitution Order (I of 1981), Art. 9-Constitutional jurisdiction-Work­man-Whether an employee a workman-Depends upon evidence regarding nature of duties-Mere designation not decisive to determine whether he was a workman or employee-Comp­laint for unfair labour practice on grounds of transfer on account of union activities filed against Bank by its employee designated as Officer---Contention before High Court in constitutional petition that complainant was not a workman and could not maintain com­plaint-No facts establishing that complainant (respondent) was working in capacity of a manager having been brought on record ,,~, High Court refusing to sustain constitutional petition. 1961 P L C 47 and P L D 1975 Kar. 342 rel. (b) Industrial Relations Ordinance (XXIII of 1969)---- -----Ss. 15 & 53 read with National Industrial Relations Commission Regulations, 1973, Reg. 32(2)-Complaint for unfair labour practice-Ad interim injunction-Reg. 32(2) not attracted where employee by filing complaint under S. 53 takes a definite position that employer has already committed an offence under S. 15 which is punishable under S. 53-Employee cannot take other position and invoke Reg. 32(3) on plea that employer was likely to commit or intends to commit an unfair labour practice by transferring him Application under Reg. 32 pursuant to a complaint under S. 53 ,cannot be considered to have been moved on civil side before N. I. R. C.---Ad interim injunction order passed on complaint under S. 53 based on unfair labour practice restraining transfer of complainant employee challenged in constitutional petition National Industrial Relations Commission, held, could not pass such order--Such order, held, lacks jurisdiction and lawful authority hence set aside by High Court in exercise of constitutional jurisdiction-Provisional Constitution Order (1 of 1981), Art. 9. P L D 1976 Lah. 611 rel. Mamoon A. Kazi for Petitioner. Malik M. Said for Respondent No. 2. Pate of hearing 13th September, 1983 JUDGMENT MUHAMMAD ZAHOORUL HAQ, J.--This is a Constitutional Petition directed against…

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