| Citation(s) |
|---|
| 2001 SLG 1583 2001 SLD 1583 2001 PLC 171 |
National Industrial Relations Commission
Case No.4 A(323) and 24(328) of 1999 K, decision dated: 26-08-2000
ALLAH RAKHIO LEGHARI, MEMBER
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Case No.4 A(323) and 24(328) of 1999 K, decision dated: 26-08-2000
ALLAH RAKHIO LEGHARI, MEMBER
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S.M. QAMARUDDIN and 7 others
VS
S.G.S. PAKISTAN (PVT.) LTD. Through Managing Director and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969) Ss.22 A(8)(g) & 22 D National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c) Retrenchment Termination of service Unfair labour practice by employer Ad interim order National Industrial Relations Commission, limited scope of its jurisdiction Services of employees were terminated by way of retrenchment as Departments in which employees were working were closed due to economy measures Employee:: had challenged said termination alleging that same was due to their lawful trade union activities and thus, was unfair labour practice of the employer Employees in their petition under S.22 A(8)(g), Industrial Relations Ordinance, 1969 could not quote specific instance of their said lawful trade union activities, but they had simply stated that they were being victimized due to their trade union activities Mere allegation that employees had been terminated due to their trade union activities was not sufficient to establish that they had been victimized due to their trade union activities Jurisdiction of National Industrial Relations Commission under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 was very limited and Commission could not sit as an Appellate Court over action of the management/employer. (b) Industrial Relations Ordinance (XXIII of 1969) S.22 A(8)(g) National Industrial Relations Commission ,(Procedure and Functions) Regulations, 1973, Regln. 32(I)(21 Unfair labour practice Status quo Suspension of order of termination Jurisdiction of National Industrial Relations Commission Provisions of Regln. 32(1) of National. Industrial Relations Commission (Procedure and Functions) Regulations, 1973 dealt with cases of unfair labour practice already committed whereas Regln. 32(2) of the Regulations dealt with unfair labour practice likely to be committed Where unfair labour practice was likely to be committed, National Industrial Relations Commission was empowered to advise, direct or prohibit all or any of the connected persons to do or refrain from doing any act or to conduct' their affairs in a manner calculated to avoid occurrence of unfair labour practice, but…
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