Law:

Section:

(b) Industrial Relations Ordinance (XXIII of 1969) S. 38(5) Contempt proceedings Jurisdiction of Labour Appellate Tribunal to clarify its order Scope While deciding the contempt proceedings, the Tribunal has all the power to clarify its order and give certain directions, but those should be within the lawful powers of the Tribunal. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 15, 22 A(8) (g) & 38 Removal of employees by management on the basis of unfair labour practice specified in S.15 of Industrial Relations Ordinance, 1969 Cognizance taken by National Industrial Relations Commission on application of employees under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 Action'taken by Labour Appellate Tribunal in the matter while deciding contempt proceedings Validity Matter to the extent of removal of the employees by the management on the basis of unfair labour practice exclusively fell within jurisdiction of National Industrial Relations Commission and the Labour Appellate Tribunal should not have taken any action in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969) S. 7(1)(d) Election of office bearers of trade union Casting of votes by 25% outsiders for such election Validity Twenty five per cent office-bearers of a union could be elected even from outsiders under S.7(1)(d) of Industrial Relations Ordinance, 1969 Electing of twenty five per cent. outsiders was different from casting of vote by twenty five per cent. outsiders No outsider could cast any vote in election of office bearers. (d) Industrial Relations Ordinance (XXIII of 1969) S. 38 Contempt application Jurisdiction of Labour Appellate Tribunal Scope Labour Appellate Tribunal, while hearing a contempt application, had no power to treat to be in service, a workman who was terminated by the employer. (e) Industrial Relations Ordinance (XXIII of 1969) S. 38 Constitution of Pakistan (1973), Art. 199 Constitutional petition¬ Permitting 25 % outsiders ,to cast vote in election of office bearers Validity Workers. whose matters were sub judice before National Industrial Relations Commission regarding their removal on account of trade union activities, were entitled to cast…

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