| Citation(s) |
|---|
| 1999 SLG 835 1999 SLD 835 1999 PLC 235 |
National Industrial Relations Commission
Cases Nos. 4-A(281) of 1996, 4A(148) and 24(171) of 1997, decision dated: 19-12-1998.
ABDUL RASHID KHAN, MEMBER
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Cases Nos. 4-A(281) of 1996, 4A(148) and 24(171) of 1997, decision dated: 19-12-1998.
ABDUL RASHID KHAN, MEMBER
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RIAZ HUSSAIN, GENERAL MANAGER (ADMINSITRATION AND INDUSTRIAL RELATIONS), HARIPUR
VS
HAKIM KHAN, SENIOR CLERK and 6 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------Ss. 10, 16(1)(d), 22-A(8)(g), 34 & 53---National Industrial Relations commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)--Registration of trade union---Cancellation---Unfair labour practice by workmen---Complainant company manufacturing "Ammonia" for purpose of supplying to Pakistan Ordnance Factory, earlier filed complaint against registration of Labour Union under S.10 of Industrial Relations Ordinance, 1969 before Registrar, Trade Unions and Registrar Trade Unions with permission of Labour Court cancelled registration of labour union and no appeal against said cancellation having been filed, same had attained finality---Subsequently, same office-bearers got registered a new union under different name which basically was the defunct labour union---Newly registered union having committed various acts of unfair labour practice, complaint was filed by company and on such complaint, National Industrial Relations Commission issued prohibitive order and appointed Inquiry Officer who reported to Commission of unfair labour practice indulged in by union---Settlement was arrived at between parties, but union in clear violation of said settlement took over possession and control of company and during such illegal occupation, production, maintenance, commercial activities and supply of "Ammonia to Armed Forces", remained suspended which resulted in irreparable loss of Rs.3 million per day---Union continuously kept on committing further acts of unfair labour practice through illegal and unlawful gate meeting, raising slogans in order to compel company to accept their demands by using intimidation, coercion, pressure and threats, but Registrar, Trade Unions failed to proceed with cancellation of registration of union despite request of company---Oral and documentary evidence on record had proved case of company against the union--Ingredients of S.22-A(8)(g) of Industrial Relations Ordinance, 1969 having been proved, union was liable to be punished---Even otherwise, union could not legally be registered in company which was providing services connected with or incidental to Armed Forces of…
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