Case Details

Citation(s)
1992 SLG 683 1992 SLD 683 1992 PLC 189
National Industrial Relations Commission
Cases Nos. 4-A(98)/91-L and 24(95)/91-L, decided on 30th October, 1991.
DR. MUNIR AHMAD MUGHAL, MEMBER

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HOUSE BUILDING FINANCE CORPORATION EMPLOYEES UNION PUNJAB (REGD.), CBA, LAHORE

VS

THE G.M., HBFC, LAHORE ZONE and 2 others HOUSE BUILDING FINANCE CORPORATION EMPLOYEES UNION PUNJAB (REGD.), CBA, LAHORE vs THE G.M., HBFC, LAHORE ZONE and 2 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 15(1)(d)(i)(ii)---Unfair labour practice on the part of employer--­Petitioner Labour Union which not only was duly registered Trade Union but also was a duly certified Collective Bargaining Agent (C.BA.) had served a demand notice on Employer. Corporation---Employer Corporation having not accepted demands of petitioner-Union, a strike notice was served by petitioner on it---Pending reconciliation proceedings before conciliator with regard to dispute between parties, members, office-bearers of petitioner-Union and other active members, were ordered to be transferred to other Province by employer Corporation and also threatened all those members of petitioner-Union of dire consequences if they would not abstain from pressing their demands---Pending industrial dispute between parties, transfer order of office­-bearers and other active members of registered Trade Union which was also Collective Bargaining Agent was meant to create any hitch in their participation in proceedings, was nothing but pressurising them simply because of their activities of Trade Union---Such action of employer Corporation was unfair labour practice within meaning of S. 15(i)(d)(i)(ii) of Ordinance, 1969--­Petitioners workers having been deprived of their lawful right to stay at place to participate in lawful proceedings within their right, had been victimised by employer Corporation---Order of employer Corporation was set aside in circumstances. H.R. Haider for Petitioner. Mian Abdul Rashid for Respondents. ORDER The petitioner seeks setting aside of his transfer order dated 23-1-1991, that the petitioner union is not only a registered trade union but also a duly certified Collective Bargaining Agent for the areas of Punjab including its Lahore and Faisalabad Districts and the General Secretary of the Union is competent to file this petition on behalf of the CBA union which has locus standi to represent the workers in general for enforcement of guaranteed and secured right and this Commission has jurisdiction to entertain, adjudicate and decide this petition because the workers of Punjab to whom petitioner union represents are being…
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