| Citation(s) |
|---|
| 1988 SLG 602 1988 SLD 602 1988 PLC 333 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-98 to 102 of 1986, decided on 6th April, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Mirza Muhammad Kazim for Appellants. Mahmood A. Ghani for
Respondents.
Appeals Nos. KAR-98 to 102 of 1986, decided on 6th April, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Mirza Muhammad Kazim for Appellants. Mahmood A. Ghani for
Respondents.
IRSHAD AHMAD and 4 others
VS
Messrs GENERAL TYRE & RUBBER CO. OF PAKISTAN LTD., KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.22-A(ii), 25-A & 38(3)--Grievance petition against termination of services--Matter taken up through Trade Union, before National Industrial Relations Commission, could not simultaneously be agitated before Labour Court--Ordinance XXIII of 1969, prohibits multiplicity of proceedings and possibility of conflict of decisions between Labour Court and N.I.R.C. 1977 S C M R 103 rel. DECISION These are five (5) appeals filed by the appellants against a common impugned order, dated 30-6-1986 passed by the Sind Labour Court No.IV, Karachi, in five separate applications under section 25-A I.R.O. 1969. As the facts and circumstances of these five cases in the common impugned order are similar, therefore, I would also dispose of these five appeals by this single Decision. 2. Brief facts of these cases are that the appellants claimed to be the workmen of the respondent establishment submitted their grievance petition for their reinstatement in services. Further the case of the appellants were that they were doing the manual and clerical work and were also actively engaged themselves in the formation of General Tyre and Rubber Company Staff Union which annoyed the officers of the establishment and when the appellants had moved an application for the registration of their union before the Registrar Trade Unions and the respondent establishment had moved an application before the Senior member of the National Industrial Relations Commission in the capacity of Registrar, Trade Unions, and became the party in the matter, further that the Senior Member, N .I .R . C and also Registrar Trade Unions, had dismissed the application of the appellants for registration of their union holding them as not workmen so, thereafter the respondent establishment had terminated vide termination letters, dated 18-12-1985, services of all these five appellants, without showing any reason whatsoever, but definitely mala fidely on account of their legitimate trade union activities. That, thereafter the appellants submitted petitions for reinstatement in service before the N.I.R.C. under section 22-A (8) (g) of I.R.O. 1969, which was summarily…
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