Case Details

Citation(s)
2001 SLG 1551 2001 SLD 1551 2001 PLC 165
National Industrial Relations Commission
Appeal No.12(40) of 1999, decision dated: 26-06-2000
ZIA MAHMOOD MIRZA, CHAIRMAN, ABDUL SATTAR KHAN, MEMBER AND CH. GHULAM RASUL, JOINT SECRETARY

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IFTIKHAR AHMAD BHATTI

VS

HAJI KHAN BHATTI and 5 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.7(1)(j), 8(7) & 22 A Holding of new election of office bearers of union Two years' terms/tenure of office bearers of Union having come to an end, President of Union and three Members of Election Committee proceeded to hold election for new office bearers of the Union Tenure of office bearers of union could not exceed two years as contemplated by S.7(1)(j) of Industrial Relations Ordinance, 1969 Holding of election of office bearers of union, therefore, could not be resisted after expiry of prescribed period of two years. ORDER ZIA MAHMOOD MIRZA (CHAIRMAN). This appeal filed by Iftikhar Ahmad Bhatti seeks to call in question an order, dated 4 3 1999 passed by the then Chairman, N.I.R.C. whereby he dismissed two petitions filed by the appellant viz. Case No.7(111) of 1998 and 4 A(429) of 1998. 2. Facts giving rise to this appeal, briefly stated, are that the appellant filed a petition under section 22 A(9) read with section 8(7) of Industrial Relations Ordinance, 1969, (7(111)/98) in this Commission stating therein that he was a founder member and Deputy Secretary General 1 of Pakistan Telecommunication Co. Lions Staff Union and that the office of Secretary General of the Union fell vacant on the demise of its incumbent Syed Tauqir Ahmed and according to Article 9 ( Jeem ) of the constitution of the Union, the appellant was entitled to perform duties of Secretary General but respondent No.l (Haji Khan Bhatti) who was the President of the Union nominated Sheikh Muhammad Shafique, respondent No.3 herein, as Secretary General. It was contended in the petition that according to rule 13(b) of the Constitution, mid terms vacancy was required to be filled through elections and the President was not competent to appoint anybody as Secretary General. It was further averred in the petition that the appellant came to know through daily 'Jang' Rawalpindi, dated 25 8 1998 that he had also been removed from the membership of the Union on 31 7 1998 which action he also challenged in the aforementioned petition on the ground that the impugned action of removing him from the membership was violative of the constitution of the…
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