Case Details

Citation(s)
2001 SLG 1889 2001 SLD 1889 2001 PLC 450
National Industrial Relations Commission
Cases Nos. 4A(27) and 24(27) of 1998-L, decision dated: 26-02-1999.
NABI BUKHSH BHATTI, MEMBER

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MANZOOR ALI, EXASSISTANT SALES MANAGER UTILITY STORES CORPORATION, VEHARI

VS

MANAGING DIRECTOR, UTILITY STORES CORPORATION OF PAKISTAN and others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 15, 22-A(8)(g) & 22-B(3)(a)---Unfair labour practice by employer--- Proof---Jurisdiction of National Industrial Relations Commission---National Industrial Relations Commission under S.22-B(3)(a) .of Industrial Relations Ordinance, 1969 could exercise powers of a Labour Court while entertaining petition under S.22-A(8)(g) of Industrial Relations Ordinance, 1969, only when there were certain and specific allegations of unfair labour practice against employer---Mere genera,[ and sweeping allegations of unfair labour practice without specifying detailed events and circumstances which could lead to poof of commission of an act of unfair labour practice. as provided under S.15 of Industrial Relations Ordinance, 1969, would not be sufficient to exercise said powers by National Industrial Relations Commission---Petitioner having failed to substantiate specific facts, circumstances and events of unfair labour practice for attracting jurisdiction of the Commission, petition was dismissed as being not maintainable. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Preamble, Ss. 15; 16, 22-A(8)(g) & 25-A---Service Tribunals Act (LXX of 1973), S.2-A---Jurisdiction of National. Industrial Relations Commission---Scope---Industrial Relations Ordinance, 1969.was a special legislation providing its own remedies--- Remedy before National Industrial Relations Commission under S.22-A(8)(g) of Industrial Relations Ordinance, 1969 was an independent and additional remedy for dealing with case of dismissal or otherwise victimization on account of trade union activities of worker---Authority provided to National Industrial Relations Commission through different provisions of Industrial Relations Ordinance, 1969 was not available with any Court or Tribunal of country---A person could be a civil servant and a workman, but when his case would attract provisions of Ss. 15 & 16 of Industrial Relations Ordinance, 1969 for his trade union activities remedy lay with National Industrial Relations Commission--­ insertion of S.2-A in Service Tribunals Act, 1973, would not affect or oust jurisdiction of National…
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