| Citation(s) |
|---|
| 1985 SLG 1885 1985 SLD 1885 1985 PLC 488 |
National Industrial Relations Commission
Case No. 4(61) of 1983, decided on 31st July, 1984.
IBRAHIM MAHMUD, CHAIRMAN, S. RAIS AHMED, JAFRI AND RAJA IFTIKHARULLAH KHAN, MEMBERS
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Case No. 4(61) of 1983, decided on 31st July, 1984.
IBRAHIM MAHMUD, CHAIRMAN, S. RAIS AHMED, JAFRI AND RAJA IFTIKHARULLAH KHAN, MEMBERS
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MUHAMMAD ASHIQ
VS
EXECUTIVE ENGINEER, WAPDA, KASUR
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)----- ---Ss. 15, 22-A(f), 25-A, 53 & 64--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-B) and (1-C)-Jurisdiction of Labour Courts and National Industrial Relations Commission--- Barred in respect of WAPDA employees for enforcement of their service rights per se purely and simply--Unfair labour practice-Offence--Cognizable and triable exclusively by Labour Courts and National Industrial Relations Commission--Plea that employees of WAPDA are employed in the "administration of the State" hence in view of S.1(3)(b) of Industrial Relations Ordinance, 1969 whole of that Ordinance is not applicable to them--Repelled--WAPDA employees seeking prosecution and punishment of Officers of WAPDA for acts of unfair labour practice alleged to have been committed to victimize them on account of their trade union activities resulting in their dismissal or transfer--Cases of unfair labour practice alleging that such act resulted in other than removal or termination of service, held, within jurisdiction of National Industrial Relations Commission. WAPDA v. Miss Akhter Rozeline 1983 P L C 895 rel. Aminuddin v. WAPDA 1978 P L C 330; WAPDA v. Muhammad Manzoor 1982 P L C 1025 and WAPDA v. Mian Mahmood Hussain 1982 PLC 1069 ref. Riaz Ahmed for the Complainants. Shahid Hussain Jillani for Respondent. Tanveer Bashir Ansari: Amicus curiae. ORDER IBRAHIM MAHMUD (CHAIRMAN).-----Certain workmen employed in WAPDA as Lineman, Assistant Linemen and Line Superintendent have filed complaints of unfair labour practice under section 53 read with section 15 of the Industrial Relations Ordinance, 1969 against the Executive Egnineers (Electricity) of their Sub-Division and other Senior Officers of WAPDA. These cases No. 4(61)/83, No. 4(62)/83, No. 4(63)/ 83, No. 4(70)/83, No. 4(74)/83 and No. 4(82)/83 were being heard by a Single Bench of the Commission at the Camp office at Lahore. In their comments and the oral arguments, the respondent WAPDA raised a preliminary objection against the jurisdiction of the Commission to entertain cases in respect of WAPDA employees on the ground that all WAPDA employees have been…
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