Case Details

Citation(s)
2001 SLG 2089 2001 SLD 2089 2001 PLC 179
National Industrial Relations Commission
Appeal No.12(71) of 1999, decision dated: 9-02-2000
ZIA MAHMOOD MIRZA, CHAIRMAN, ALAUDDIN QURESHI AND MUHAMMAD HUSSAIN CHAUDHRY, MEMBERS

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EHSAN UR REHMAN

VS

CDA through Chairman and 2 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.15 & 22 A(8)(g) Allegation of unfair labour practice by employee Residence allotted to employee was cancelled from her name on allegation that she had sublet the same Employee filed petition under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 alleging that place allotted to her was cancelled from her name on account of her being an active member of employees' union which union enjoyed status of Collective Bargaining Agent Single Bench of the N.I.R.C. accepted petition filed by employee holding that she had not sublet the allotted place Single .Bench though accepted petition filed by employee under S.22 A(8)(g) of Industrial Relations Ordinance, 1969, but had not recorded definite finding that allotment was cancelled from the name of employee as a measure of any unfair labour practice and had simply observed in the order that the employee being an active member of employees' union indulged in unfair and unlawful trade union activities but no specific instances of said activities were cited Mere bald statement that a workman was an active member of trade union without specifying any of his trade union activities which could possibly prompt employer to take some adverse action against him, could not bring case within purview of S.15 of Industrial Relations Ordinance, 1969, dealing with unfair labour practice on part of employer Petition under S.22 A(8)(g) of Industrial Relations Ordinance, 1969, thus, was not maintainable. Muhammad Kashtoonish Khan for Appellant. S. Rais Ahmad Jafri for Respondents Nos. l and 2. Abdul Hafeez Amjad for Respondent No.3. ORDER ZIA MAHMOOD MIRZA (CHAIRMAN), This appeal is directed against the order of the learned Single Bench, dated 10 4 1999 accepting the petition of Mrs. Tahira.Rizvi respondent No.3 herein. 2. Facts necessary for the disposal of this appeal briefly are that Mst. Tahira Rizvi, an employee of CDA was allotted Quarter No.B 56/2, Sector G 9/2, Islamabad on 1 4 1981. Her allotment of the said quarter was, however, cancelled on 19 8 1996 on the ground of subletting and the said quarter was then allotted to the present appellant. Feeling aggrieved, Mrs. Tahira…
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