Case Details

Citation(s)
1996 SLG 320 1996 SLD 320 1996 PLC 142
National Industrial Relations Commission
Cases Nos.4-A(98) and 24(137) of 1995, decision dated: 3rd August, 1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER

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Raja MUHAMMAD MISKEEN

VS

UTILITY STORE CORPORATION OF PAKISTAN through Managing Director, Blue Areas, Head Office, Islamabad and another Raja MUHAMMAD MISKEEN Vs UTILITY STORE CORPORATION OF PAKISTAN through Managing Director, Blue Areas, Head Offic

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 22-A(8)(g)---Withdrawal of facilities enjoyed by members of union--­Employee who was General Secretary of union which was Collective Bargaining Agent (C.BA.) in employer establishment, was given facilities of telephone calls, consumption of certain amount of petrol per month and some other facilities by office order, but subsequently by way of another office order all such facilities were withdrawn by employer---Ordinarily, management of employer establishment provided all such facilities to its Collective Bargaining Agent in order to avoid any industrial dispute and for the welfare and the benefit& of all its workers---Employee being General Secretary of C.BA. in establishment was enjoying such facilities with due permission and approval of employers---Withdrawal of such facilities, thus, was highly uncalled, for a concession lawfully enjoyed by a person would become something more than a mere concession or facility and discontinuance of same could result into serious consequence. Ayub Shah v. Tarbela Joint Ventures 1976 PLC 938 and PLJ 1976 Tr. C. (Labour) 97 ref. ORDER This is a petition under section 22-A(8)(g) of the I.R.O., 1969 wherein the petitioner contends that he is an employee of the respondent's establishment since 1975. He is the elected General Secretary of Utility Stores Corporation Workers' Federation which is formed in the year 1991 and is also the C.BA. of the establishment of Utility Stores Corporation throughout Pakistan. Being the General Secretary of the C.BA., the petitioner submitted a Charter of Demands to the respondents due to which the respondent became annoyed and started victimization of the petitioner. In order to restrain him from the performance of his lawful trade union activities, the petitioner was deprived of certain facilities which were enjoyed by him as the General Secretary of the C.BA. for example, Telephone, P.O.L., Office and relieve from charge of any work etc. Under such circumstances the petition was registered on 5-6-1995 and interim injunction order was issued in favour of the petitioner. 2. The petition was strongly contested by the respondents by way…
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