| Citation(s) |
|---|
| 1988 SLG 1065 1988 SLD 1065 1988 PLC 419 |
National Industrial Relations Commission
Case No. 17(34) of 1987, decided on 2nd November, 1987.
M. S. H. QURAISHI, CHAIRMAN AND S. IJAZ-UL- HASSAN, MEMBER-I
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Case No. 17(34) of 1987, decided on 2nd November, 1987.
M. S. H. QURAISHI, CHAIRMAN AND S. IJAZ-UL- HASSAN, MEMBER-I
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M.A.GHAFFAR KHAN.O.G.III, U.B.L.
VS
UNITED BANK LIMITED and 3 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---5. 22-B(4)--National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)--Appeal against finding of Single Bench of National Industrial Relations Commission--Finding of Single Bench based on mistaken view of finding of Labour Court-Effect--Such finding, held, was not maintainable and had to be set aside--Single Bench would have to reach its own conclusions upon material before it. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---5. 22-B(4)--Transfer of workman--Competency to challenge such transfer order before N.I.R.C.--Order of transfer of workman, held, was not open to challenge where same had been subject-matter of litigation starting from Labour Court and going right up to Supreme Court in which appellant /workman had failed throughout--Such workman could not re-agitate the matter before National Industrial Relations commission. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 22-A(8)(g) & 25-A--National Industrial Relations Commission, jurisdiction of--Petitioner before National Industrial Relations Commission, held, would lie only on ground of unfair labour practice under 5.22-A(8)(g) and not under S. 25-A of Industrial Relations Ordinance--Grounds taken in petition which were not relevant to allegation of unfair labour practice could not be pressed into service. H.R.Haider for Appellant. M . S. Bokhari for Respondents. Date of hearing: 2nd November, 1987. ORDER M.S.H. QUARISHI (CHAIRMAN).--This appeal has been heard under subsection (4) of section 22-B of the Industrial Relations Ordinance, 1969 in the absence of Mr. Ashraf Ali, J.S. Labour, who is pre-occupied. 2.The appeal had been filed from the dismissal on 16-5-1987, by a Single Bench of this Commission, of the appellant's petition titled; "Grievance petition under section 25-A of the Industrial Relations Ordinance, 1969 read with section 22-A(8)(g) and Regulation 32(2) of the N.I.R.C. (Procedure and Functions) Regulations, 1973." The petition had been filed to challenge the transfer order dated 22-11-1979 and the subsequent termination order dated 10-6-1982 on the ground inter-alia:…
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