Case Details

Citation(s)
1996 SLG 290 1996 SLD 290 1996 PLC 97
National Industrial Relations Commission
Cases Nos. 4-A(82) and 24(119) of 1995, decision dated: 26-07-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER

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MUHAMMAD NAWAZ and 4 others

VS

Messrs DAELIM INUDSTRIAL CO. LIMITED HUB RIVER POWER PROJECT through General Manager and 3 others MUHAMMAD NAWAZ and 4 others Vs Messrs DAELIM INUDSTRIAL CO. LIMITED HUB RIVER POWER PROJECT through General Manager and 3

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22-A(8)(g), 25-A & 34---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973---Joint application by employees under S. 22-A(8)(g)---Maintainability---Jurisdiction of National Industrial Relations Commission---No bar exists against filing of joint application by employees under S. 22-A(8)(g) of Industrial Relations Ordinance, 1969---Objection of employer that such application was not maintainable under provisions of S. 25-A of Industrial Relations Ordinance was repelled---National Industrial Relations Commission, was neither bound to entertain a petition under provisions of S. 22-A(8)(g) of Industrial Relations Ordinance, 1969 with the prerequisite condition of grievance notice under provisions of S. 25-A of Industrial Relations Ordinance, 1969, nor was bound to observe procedure under that section of the Ordinance only while dealing with cases of individual grievance, but could also adopt any of the procedure provided either by Ss. 25-A & 34 of Industrial Relations Ordinance, 1969 or by National Industrial Relations Commission (Procedure and Functions) Regulations, 1973---Non­compliance of prerequisite condition of service of notice under S. 25-A of Industrial Relations Ordinance, 1969, could not take away jurisdiction of National Industrial Relations Commission in any manner and in cases of individual grievance even, the employee was not required to fulfil prerequisite conditions of that section before approaching National Industrial Relations Commission under S. 22-A(8)(g) of Industrial Relations Ordinance, 1969---In absence of any specific bar in filing of a joint application under any provision of law, no reason existed as to why employees should be deprived of their rights to approach the Court. Mushtaq Ahmad v. Punjab Seed Corporation etc. 1994 PLC 306 and Messrs Zeal Pak Cement etc. v. Aijaz Ahmad and 51 others 1991 PLC 862 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 3; 6, 7 & 8---Trade Union---Establishment and registration of--­Fundamental right of employees of an establishment to formulate a trade union in the establishment…
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