Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8(7), 22-A to 22-F, 35 & 2(xv)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 10--­Petition under Regln. 10---Mainainability of---National Industrial Relations Commission, whether a Labour Court as defined in the Ordinance---Any Officer or member of Trade Union could apply or appeal where there was a dispute in relation to the change of the officers of a Trade Union to Labour Court duly established under S. 35 of Industrial Relations Ordinance, 1969--­ National Industrial Relations Commission which had been constituted and enjoyed its powers under provisions of Ss. 22-A to 22-F of Industrial Relations Ordinance, 1969, did not qualify the definition of Labour Court, thus jurisdiction of National Industrial Relations Commission could not be invoked in application filed under S. 8(7) of Industrial Relations Ordinance, 1969 because such jurisdiction had been vested in Labour Court---Petition was dismissed as without jurisdiction and not maintainable. ORDER This is a petition under section 8(7) of the I.R.O:, 1969 read with Regulation 10 of the N.I.R.C. (Procedure and Functions) Regulations, 1973 filed by the petitioner as the Member and General Secretary of Pakistan Telecommunication Staff Union, Western Telecommunication Region, Quetta which is also enjoying the status of C.BA. It was contended by the petitioner that respondent No.1 who was the previous General Secretary of the Collective Bargaining Agent, is not handing over the charge of the post of General Secretary to the application in spite of the fact that the applicant was elected as the General Secretary of the Pakistan Telecommunication Staff Union, Western Telecommunication Region, Quetta on 7-9-1994. It was further contended that respondents Nos. 2 to 5 are illegally and unlawfully treating the respondent No.1 as the General Secretary of the union. Under such circumstances this Commission registered the petition and issued interim injunction Order dated 22-2-1995 in favour of the petitioner. 2. The petition was strongly contested by the respondent No.1 by way of filing of written statement and…

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