| Citation(s) |
|---|
| 1996 SLG 249 1996 SLD 249 1996 PLC 5 |
National Industrial Relations Commission
Petitions Nos. 4A(94)/95 and 4A(133) of 1995, decision dated: 28-08-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER
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Petitions Nos. 4A(94)/95 and 4A(133) of 1995, decision dated: 28-08-1995
GOHAR YAQOOB YOUSAF ZAI, MEMBER
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LAFAYETTE INDUSTRIES SYNTHETICS LABOUR, UNION through General Secretary
VS
LAFAYETTE INDUSTRIES SYNTHETICS LIMITED through Managing Director LAFAYETTE INDUSTRIES SYNTHETICS LABOUR, UNION through General Secretary Vs LAFAYETTE INDUSTRIES SYNTHETICS LI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15 & 22-A(8)(g)---Unfair labour practice on the part of employer---Whether mere issuing show-cause notice to employees (Office bearers of Union) would constitute unfair labour practice---Charge-sheets/show-cause notices issued to employees who were office-bearers of union in the employer establishment upon different allegations including their absence from duty had been challenged by union---Issuance of charge-sheets/show-cause notices to employees for their alleged absence from duty, was prerogative of employer and was one of fundamental right of employer to proceed against employee in respect of disciplinary or ancillary matters---Mere issuance of show-cause notices or charge-sheets to an employee by the employer, could not be termed as an act of unfair labour practice on part of employer until and unless it was covered by other essential conditions stipulated in S. 15 of Industrial Relations Ordinance, 1969. National Motors Limited v. Muhammad Hanif 1987 PLC 547 and Abdul Hanif v. HBFC and others 1995 PLC 423 ref. ORDER This is a petition under section 22A(8)(g) of the I.R.O., 1969 filed by Lafayette Industries Synthetic Ltd. Labour Union through its General Secretary Muhammad Rafique with the contention that the petitioner union is a newly registered trade union i.e. on 24-5-1995 by the Registrar of Trade Unions, Islamabad. It was contended that cause of the formation and registration of new union, the respondent/establishment is annoyed and is bent upon committing unfair labour practice by way of victimization of the members and office-bearers of the petitioner union. Under such circumstances, the petition was registered and interim injunction was issued in favour of the petitioner on 31-5-1995. 2. The petition was strongly contested by the respondents by way of filing of written statement and rejoinder to the stay application. The learned counsel for the respondents raised certain preliminary legal objections as to the maintainability of the petition. 3. I have heard both the learned counsel for the parties and have examined the documents filed on record. The record of the case shows that the…
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