Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15 & 22-A(8)(g)---Unfair labour practice on the part of employers--­Order allotting quarter in question to co-employee passed by employer was challenged by employee alleging that he had been discriminated against and he was refused allotment of quarter in question due to his trade union activities and because of his being active member of union in the establishment---Action on part of employer was termed by employee as oppressive, mala fide, vindictive, unjust, unlawful amounting to unfair labour practice---Employee had not given details of his trade union activities which could have annoyed employer, but had made a general and sweeping allegation that he was an active trade unionist on account of which he allegedly suffered at the hands of employer---Without details showing nature of trade union activities carried out by him, it would not be possible to visualize severity of the action of employer ---Normally an ordinary member of a trade union is not expected to take part in such trade union activities which cause annoyance to employer--­Besides, employee had not produced anything to show that he was a member of union, muchless an active member as he had claimed---Employee having failed to prove case of unfair labour practice against employer, Commission had no jurisdiction to intervene and give relief to employee as assumption of jurisdiction by Commission (N.I.R.C.) was dependent upon prima facie case of unfair labour practice and in case where such allegation remained unproved jurisdiction of Commission, was ousted. Muhammad Nawaz v. General Manager (Planning), WAPDA, Lahore and another 1994 PLC 140; Nazar Muhammad, General Manager, TIP, Haripur and another v. Ghulam Asghar and 4.others 1988 PLC 923; Muzaffar Hussain and others v. Batala Engineering Company (Pak.) Ltd., Lahore 1969 PLC 238; Muhammad Farooq v. Messrs Iqbal Silk Mills Ltd., Karachi 1969 PLC 439; Messrs Iqbal &Silk Mills Ltd., Karachi v. Mahmood Mian 1969 PLC 691; Muhammad Hussain v. Messrs United Distributors Ltd., 1974 PLC 69; Jubilee Spinning and Weaving Mills Ltd., Karachi v. Blader Khan and 8 others 1975 PLC 24;…

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