Case Details

Citation(s)
1999 SLG 778 1999 SLD 778 1999 PLC 135
National Industrial Relations Commission
Case No. 4-A(163)/K/24(168)/K of 1997, decision dated: 19-02-1998
GHULAM NAUMAN SHAIKH, MEMBER

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C.B.A. through GENERAL Secretary

VS

Messrs METALEX CORPORATION (PVT.) LTD through Manager and 3 others

Law:

Section:

National Industrial Relations Commission (Procedure and Functions) Regulations, 1973-------Regln. 32(2)(c)---Interim prohibitory order, grant of---Petitioner union which had sought interim prohibitory order against employer had not mentioned any instance of alleged unfair labour practice either committed by employer or was likely to be committed by employer except notice of lock­out which was issued by employer after expiry of settlement between parties, which, later on, was withdrawn by employer---Petitioner union had made vague and general allegations in its petition for grant of interim prohibitory order which could not make out a prima facie case for grant of interim prohibitory order, restraining employer from terminating, dismissing, retrenching or suspending office-bearers and members of petitioner union especially when settlement arrived at between petitioner union and employer had expired---Petitioner not only had failed to make out prima facie case for grant of interim prohibitory order but had also failed to establish balance of convenience or irreparable loss in its favour because petitioner union had failed to show any specific instance that any office-bearer or member of petitioner union had been victimised due to their trade union activities--­Petitioner union having failed to make out case for grant of interim prohibitory order, petition filed by petitioner union in that respect under Regln. 32(2)(c) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 was dismissed. General Secretary, Pak-Saudi Fertilizer Limited, Bagging and Loading Contractor Mazdoor Union, Mirpur Mathelo v. Pak-Saudi Fertilizer Limited, Mirpur Mathelo, District Sukkur through Managing Director and 2 others 1993 PLC 937; Employees' Union v. Messrs Karachi Pipe Mills Ltd. 1980 PLC 773 and Boots Pharmaceuticals Limited v. Member, N.I.R.C. Bench, Karachi and another 1994 PLC 476 ref. Shafique Qureshi for Applicant. Mehboob Rizvi for Respondents. ORDER This order will dispose of the Application under Regulation 32(2)(c) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 filed by Metalex Corporation Workers…
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