Law:

Section:

Industrial dispute---- ---Retirement-Premature retirement-Bank employee office-bearer of trade Union retired before superannuation age under r. 17 (1) (a) of National Bank of Pakistan (Staff) Service Rules, 1980­Transfer challenged as unfair labour practice due to Union activi­ties-Plea that Bank rules were not statutory and provisions of S. O. 12 (3) of West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance, 1968 were applicable and Wage Commission Awards, 1975 and 1978 did not confer any power on Bank to make premature retirement-Prima facie case, in circum­stances, held, existed and ad interim stay order issued by National Industrial Relations Commission restraining respondent-Bank from retiring petitioner pending decision on main petition-Industrial Relations Ordinance (XXIII of 1969), S. 22-A (8) (g). Wasi Ahmad, Representative for Petitioner. Mamoon A. Kazi for Respondent. Date of bearing: 18th Juan, 1984, ORDER S. Islam Hussain an employee in the National Bank of Pakistan has roved an application under section 22-A (8) (g) of Industrial Relations ordinance, 1969 for the prevention of the commission of unfair labour practice against National Bank of Pakistan. The petitioner who is the secretary General of National Bank of Pakistan Staff Union and is also the Secretary General of National Bank of Pakistan Employees Federation, has alleged that on account of his trade Union activities, he was periodically and repeatedly victimized by the respondent-Bank who have now sent him on forced retirement which shall take effect in June, 1984 vide their memo. dated 28th May, 1983 which reads as under :-- OFFICE ORDER Mr. S. Islam Hussain, Officer Grade-III is advised that in terms of rule 17 (1) (a) of the National Bank of Pakistan (Staff) Service Rules, 1980, he is hereby retired from the Bank's service. He has been granted 365 days leave preparatory to retirement with effect from 11th June, 1983, as permissible under the Rules. He will thus stand retired from the Bank's service with effect from the date of expiry of leave preparatory to retirement granted to him i. e. 9th June, 1984 (close of business). In case he does not wish to avail the…

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