Case Details

Citation(s)
2001 SLG 1852 2001 SLD 1852 2001 PLC 296
National Industrial Relations Commission
Cases Nos. 4A(226) and 24(222) of 2000-L, decision dated: 2-08-2000.
ZIA MAHMOOD MIRZA, CHAIRMAN

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Rana NADEEM ASGHAR

VS

THE MANAGING DIRECTOR, PIA, HEAD OFFICE, KARACHI and 4 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c)---Interim relief, grant of--­Applicant who was transferred from one place of working to another, had filed petition under S.22-A(8)(g) of Industrial Relations Ordinance, 1969 challenging said transfer contending that the transfer was a result of political victimization and that by said transfer employer intended to deprive applicant of his trade union activities being office-bearer. of the union---Applicant alongwith petition had filed application under Regln.32(2)(c) of National Industrial Relations Commission (Procedure and Functions) Regulations; 1973 for grant of interim relief---Court or Tribunal before granting interim relief must satisfy itself whether there existed any prima facie case in favour of person seeking interim relief---Court or Tribunal must also examine concepts of convenience/inconvenience of parties and irreparable loss likely to be suffered by applicant in case of refusal to grant interim relief---Case of applicant being based on allegations of unfair labour practice, it was to be seen whether said allegations, prima facie disclosed commission of unfair labour, practice on part of employer---Case of applicant rested on bald allegations as no details whatsoever had been given by him of any of his trade union activities---Applicant had simply alleged that he was an active member of Collective Bargaining Agent---Applicant, in circumstances, had failed to prove that prima facie case of commission of unfair labour practice by employer existed from .which it could be established that transfer of applicant was motivated only but his trade union activities or that it was intended to prevent applicant from performing his trade union activities--­Employer having inherent right to transfer his employee from one place of working to another in view of administrative requirements, employee could not make legitimate grievance against his transfer---Transfer of employee even if he was-office-bearer of union, would not constitute unfair labour practice on part of employer---Applicant…
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