Case Details

Citation(s)
1986 SLG 2082 1986 SLD 2082 1986 PLC 365
National Industrial Relations Commission
Case No. 4(144) of 1985, decided on 5th January, 1986.
AZIZ AHMAD, MEMBER

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SHAUKAT HUSSAIN

VS

THE CHAIRMAN, AREA ELECTRICITY BOARD, WAPDA, - MULTAN and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 22-A (8)(g)--Jurisdiction of Industrial Relations Commission--Cases of unfair labour practice, held, were within jurisdiction of said commission and could be dealt with by it. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S. 22-A (8)(g)--Unfair labour practice--Transfer of office-bearer of Labour. Union on prima facie case of corruption, held, would not come within purview of unfair labour practice--Allegation of unfair labour practice could not take place of proof. P L J 1974 Tribunal Cases Lah 99 ref. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S. 22-A (8)(g)--Transfer of employee--Bona fide of--Such transfer not made on account of trade union activities but on prima facie allegations of corruption so as to facilitate enquiry against such employee--No prima facie case of unfair labour practice having been made out and employer being authorised to transfer employee, transfer of employee, held, was justified in circumstances. Raja A. Rashid for Petitioner. Asif Hussain Siddiqui and M.A. Shaida for Respondents. Date of hearing: 19th September, 1985. ORDER This petition under section 22-A (8)(g) of the I.R.O. 1969 has been submitted by Shaukat Hussain, Line Superintendent, Gulgashat Sub-Division, Wapda Multan against the Chairman Area Electricity Board, Wapda, Multan and his Director Administration. The petitioner claims to be the Chairman of Pakistan WAPDA Labour Union which applied for referendum and the matter is pending before the N.I.R.C. According to him his status was communicated to the respondents vide letter dated 3-4-1985. One Zaman Khan was the office-bearer of Hydro-Electric Central Labour Union and was reverted as Line Superintendent-I1 and transferred from Gulgashat to the Office of Superintending Engineer of the area. After his reversion the petitioner and his colleagues started canvassing from their trade union in connection with the forthcoming referendum. When this was brought to the notice of respondents they reacted in a hostile manner and issued transfer order of Muhammad Ramzan from Gulgashat to Sub-Division No.4 on 7-5-1985. The transfer was object to and a…
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