Law:

Section:

(a) Industrial dispute­-- Words and phrases-"Transfer"-Meaning-Sending or shifting from one posting or position to another-Amounts to transfer. Black's Law Dictionary, Fifth Edn., 1979 and Oxford Dictionary, Fourth Edn., 1942 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 8-A & 15 and National Industrial Relations Commission (Procedure and Functions) Regulations, para. 32-Unfair labour practice-Transfer of office-bearer of trade union during pendency of registration application-Case per se covered by special provisions of S. 8-A-Provisions of S. 15 general in nature in circumstances, would not be attracted-Application to National Industrial Relations Commission against such transfer terming same as an unfair labour practice, held, not within its jurisdiction. Ch. Khalid Farooq for Complainant. M. G. Sadullah Mumtaz for Respondents. ORDER This is an application under Regulation 32 of the N. 1. R. C. (Procedure and Functions) Regulations, 1973 praying that respondents and connected persons be directed to refrain from committing unfair labour practice by 1-eeping Muhammad Alam and Habib Ahmad under suspension and by dismissing them from their service after conducting partial inquiry. It was further prayed that Muhammad Afzal, General Secretary of the Union be directed to be paid full salary, allowed to mark attendance in the Attendance Register and provided booking duty. 2. Briefly, the alleged facts of the case are that the Punjab Road Transport Azad Mazdoor Paigham Union Saddar Depot, Lahore was formed in December, 1983. Muhammad Afzal, Muhammad Alam and Habib Ahmed were respectively its General Secretary, Publicity Secretary and Finance Secretary. The application for registration of this Union was made to the Registrar of Trade Unions, Lahore Region, Lahore on 4th January, 1984. The same day an intimation of the names of office-bearers of the Union was sent to the respondent No. 1. This letter was received by one Muhammad Nasim Ilahi, Junior Clerk on 4th January, 1984. The application for registration was pending till 25th January, 1984. When this application alongwith complaint of unfair labour practice was filed. It was stated that on…

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