Case Details

Citation(s)
1999 SLG 746 1999 SLD 746 1999 PLC 44
National Industrial Relations Commission
Cases Nos. 4-A (264) and 24(267) of 1997-K, decision dated: 13-11-1997.
GHULAM NAUMAN SHAIKH, MEMBER

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[National Industrial Relations Commission] LATIF DINO SAROHI

VS

SUI SOUTHERN GAS COMPANY LIMITED through Managing Director and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(b)---Constitution of Pakistan (1973), Art. 212---Petition under S.22-A(8)(b), Industrial Relations Ordinance. 1969---Maintainability--­Petitioner, who claimed to have acquired status of permanent workman, apprehending his removal from service due to his trade union activities, had filed petition under S. 22-A(8)(b) of Industrial Relations Ordinance, 1969, before National Industrial Relations Commission to direct respondent-company not to terminate, remove, discharge, dismiss or retrench petitioner from service---Respondent-company was owned and controlled by Federal Government which had its controlling share---Petitioner working in the company, in circumstances, would be deemed to be a civil servant in respect of his terms and conditions of service and disciplinary matter---Threat of termination, discharge, removal, retrenchment or any other disciplinary action, being related to his terms and conditions of service and disciplinary matters, National Industrial Relations Commission, had no jurisdiction in the matter, but jurisdiction would vest with Federal Service Tribunal---Petition filed by petitioner was dismissed being not maintainable. The Director Accounts, WAPDA, Lahore and 4 others v. Member-I, National Industrial Relations Commission, Lahore and another 1997 PLC (C.S.) 189 ref. Gohar Iqbal for Applicant Raja Sikander Khan Yasir for Respondents ORDER This is petition under section 22-A(8)(g) of the I.R.O., 1969 filed by Latif Dino Sarohi, who is working as Meter Reader in Sui Southern Gas Company Limited. 2. According to the petitioner he was appointed as temporary, but having worked for more than 90 days, has acquired the status of permanent workman. On 2-10-1997 he made an application for membership of Sui Southern Gas Company Workers' Union. The respondent No.2 called him and asked him to withdraw the said application for becoming member of abovesaid union, otherwise his name will be included in the list of retrenchment of the staff. Apprehending his removal from service due to his trade union activities the petitioner has filed the present petition to direct the respondents, their…
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