| Citation(s) |
|---|
| 1996 SLG 294 1996 SLD 294 1996 PLC 105 |
National Industrial Relations Commission
Case No. 4-A(130) of 1995, decision dated: 27-08-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER
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Case No. 4-A(130) of 1995, decision dated: 27-08-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER
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PAKISTAN POSTAL SERVICES CORPORATION through Superintendent Welfare, Islamabad
VS
LIAQUAT Ali, GENERAL SECRETARY and 3 others PAKISTAN POSTAL SERVICES CORPORATION through Superintendent Welfare, Islamabad Vs LIAQUAT Ali, GENERAL SECRETARY and 3 other
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22-A(8)(g) & 26---Notice of strike----Bilateral negotiations---Union in establishment which was Collective Bargaining Agent (C.BA.) of establishment raised certain demands, but status of office-bearers of union was disputed by employer establishment on ground that period of office-bearer of union was about to expire and that those office-bearers were not likely to continue in their office as some employees had moved application of no confidence against them and had demanded fresh election---Until anti unless existing office-bearers had been lawfully replaced by new office-bearers of union, existing office-bearers had a right to continue in their respective offices of union and their offices would not automatically become vacant on expiry of the period for which they were elected---Refusal of employer establishment to negotiate with office-bearers of union upon their demands, was not justified in circumstances---Strike notice issued by General Secretary of Union, was premature as mandatory requirement of S. 26 of Industrial Relations Ordinance, 1969, relating to bilateral negotiations between the parties, had not been complied with---Dispute over the offices of C.BA. being purely an internal matter of the union, employer-establishment could not take shelter, behind such dispute in order to avoid negotiations with present office-bearers of C.BA. 1976 SCMR 1982 ref. ORDER This is a petition under section 22-A(8)g) of the I.R.O., 1969 filed by the Establishment of Pakistan Postal Service Corporation, against the office-bearers of the Pakistan Postal Headquarters Employees' Union, which is the C.BA. of the petitioner's establishment. It was contended that being the C.BA. of the petitioner's establishment, respondents have raised certain demands but for the acceptance of the same, the respondents have bent upon taking the law into their own hands and are likely to commence an illegal strike which constitutes acts of unfair labour practice within the meaning of section 16 of the I.R.O., 1969. Therefore, under such circumstances interim injunction order was issued against the respondents on 4-7-1995 thereby…
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