Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.l(3)(a) & 22 A(8)(g) Resignation Allegation of unfair labour practice by employer Employee had alleged that because of his trade union activities employer had obtained thumb impression on application for premature retirement and his resignation was obtained by employer by playing fraud on him which amounted to unfair labour practice on the part of employer Employee could not prove that his resignation was obtained by playing fraud on him while the employer had fully proved that employee had voluntarily resigned Petition by employee otherwise was not maintainable as he was working on special railway lines relating to Defence Services Industrial Relations Ordinance, 1969 being not applicable to the case of employee, his petition was liable to be dismissed. ORDER The petitioner who was employed in Pakistan Railways as a Mate has filed this petition under section 22 A. (8) (g) of I.R.O., 1969 alleging various acts of unfair labour practice on the part of the respondent Officer (Assistant Engineer No. 1 Pakistan Railways, D.S. Office Lahore) and praying therein that "the respondent may kindly be directed not to commit any further unfair labour practice and to allow the petitioner to perform his duty and set aside the so called resignation". 2. Case of the petitioner as set out in this petition is that he was an active member and Secretary of Pakistan Railways SAMPARAS Union and was the supporter of Preme Union (CBA) on account of which he had to face victimization and hardship. Precise allegation made by the petitioner is that because of his trade union activities, respondent has obtained his thumb impression on an application for pre mature retirement a month before filing of this petition which "has not even been accepted but the petitioner is being restrained from performing his duty". According to the petitioner, "the resignation is a fraud being played on the petitioner". 3. The respondent has submitted parawise comments denying the allegations made by the petitioner. His contention is that the petitioner has voluntarily retired from service with effect from 14 2 2000. In support of his contention, an…

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