| Citation(s) |
|---|
| 1995 SLG 1238 1995 SLD 1238 1995 PLC 414 |
National Industrial Relations Commission
Cases Nos. 7(60) and 24(278) of 1994, decided on 17th November, 1994.
GOHAR YAQOOB YOUSAFZAI, MEMBER
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Cases Nos. 7(60) and 24(278) of 1994, decided on 17th November, 1994.
GOHAR YAQOOB YOUSAFZAI, MEMBER
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HABIB BANK EMPLOYEES FEDERATION OF PAKISTAN through its President
VS
HABIB BANK LIMITED, KARACHI through its Senior VicEPresident and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 34---Wage Commission Award (1984), para. 145---Application for enforcement of right guaranteed or secured---Petitioners through their application had sought direction to the effect that employer (Bank) which in utter disregard to its lawful rights for appointment of children of deceased employees, was conducting test and interview of candidates, should be restrained from conducting such test and interview---Directions were also sought that Bank be restrained from such violation of lawful rights guaranteed and secured to petitioner under Wage Commission Award as well as under various settlements carried out between the parties on various occasions--Bank was conducting test and interview of candidates without considering and complying with requirement of para. 145 of Wage Commission Award published in 1984 which had provided that at least one child of deceased employee or member of staff should be appointed by Bank against first available vacancy in grade for which child would be eligible under normal rules---Provision of para. 145 of Wage Commission Award, in circumstances, had vested a right in petitioners for which Bank had no plausible explanation to reject or discard---Various other settlements were also duly signed by the parties whereby demand of petitioner had also been admitted by Bank-Petition filed by petitioners in which they had sought implementation of aright which had been conferred upon them by Wage Commission Award and other settlements, was accepted and Bank was directed to consider children of deceased employees or deceased members of staff against first available vacancy in each grade as a candidate for which child would be eligible under normal rules and not to recruit upon posts without complying with requirements of para. 145 of Wage Commission Award in future. Karachi Pipe Mills Employees' Union v. Karachi Pipe Mills Limited, Karachi 1992 SCMR 36 and National Organization of Postal Employees v. Director-General, Pakistan Post Offices 1987 PLC 730 ref. M.K. Khan for Petitioner. Shahid Anwar Bajwa and S. Rais Ahmed Jafri for Respondents. Abdul Hafeez Amjad for the Intervenor ORDER…
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