Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22-A & 22-C---Interim injunction---Grant of- -Interim injunction was sought by employees against alleged unfair labour practice on part of employers but applicants/employees had failed to make out prima facie case by showing even indication through independent evidence that they were ever discouraged by employers from pursuing trade union activities or that they were ever asked by employers to resign from their posts---Employees having failed to make out prima facie case, they were not entitled to any stay order--­Order of ad interim stay earlier passed was also vacated by National Industrial Relations Commission. Gohar Iqbal for Applicants. S.M. Yaqoob for Respondents, Date of hearing: 8th May, 1993. ORDER Order on Miscellaneous application for interim stay: This order will dispose of stay application filed alongwith main petition whereby applicants have prayed that during the pendency of the main petition respondents be directed not to dismiss, discharge, remove, retrench, transfer or terminate them from service and not to take any action on the basis of their trade union activities or alleged ex parte enquiry against them or force them to tender resignations; it is also prayed that respondents be directed to produce enquiry proceedings and report of Inquiry Officer. 2. On this application on 22-8-1992 ad interim stay was granted to the applicants with a direction to the respondents not to terminate the applicants from service and also to produce enquiry papers. This application is supported by the affidavits of all the applicants in which they have relied upon the contents of the main petition. 3. This application arises out of main petition filed under section 32(2)(a)(b)(c) & (d) of NIRC (P & F) Regulations, 1973 wherein it is stated that applicant No. 1 is the union but its General Secretary is not employee of the respondents while the remaining applicants are employees of the respondents who are performing their job with effect from 30-8-1992 in pursuance of the order of Full Bench of the Commission and that they are all office-bearers of the said union but they have been illegally…

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