Case Details

Citation(s)
2004 SLG 1415 2004 SLD 1415 2004 PLC 91
National Industrial Relations Commission
Cases Nos.4A(263) and 24(352) of 1998, decided /on 26-09-2002.
QAZI AHMED SAEED, MEMBER

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MUNAWAR HUSSAIN

VS

ZAHID MALIK, EDITORINCHIEF, PAKISTAN OBSERVER

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss.15 & 22-A(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)---Termination of service---Petition against unfair labour practice by employers---Stay order---Employee whose services were terminated had alleged that he had been victimized due to his trade union activities which amounted to unfair labour practice by employers---Employee though was member of trade union concerned, but he failed to establish a single trade union activity which would annoy the employers to such an extent that they would go out of their way to victimize. the employee---In absence of any cogent evidence it could not be believed that employee was victimized by employers---Mere wild and bald allegation of unfair labour practice was not sufficient to prove victimization and make the matter amenable for interference by National Industrial Relations Commission---Act of termination of service of employee, in circumstances, could not form basis for holding that employers had committed an act of unfair labour practice---Basic issue in the present case against which employee felt aggrieved being his termination from service, National Industrial Relations Commission had no jurisdiction. to interfere with the matter because jurisdiction of the Commission. was restricted and limited only to cases based on allegations of unfair labour practice---Petition was dismissed and stay order issued in favour of petitioner was recalled . Iftikhar Ahmed's case PLD 1988 SC 53; 1991 PLC 876; 1988 PLC 923; 1988 PLC 419 and 1994 PLC 31 ref. Abdul Hafeez Amjad for Petitioner. Nadeem Mukhtar Chaudhry for Respondents Date of hearing: 26th September, 2002. ORDER This petition under section 22-A(8)(g) of I.R.O., 1969 alongwith an application under Regulation 32(2) of the N.I.R.C. (Procedure and Functions) Regulations, 1973, was filed by Munawar Hussain, Plate Maker, Al-Umar Printing Press Islamabad against Zahid Malik, Editor-in-Chief, Pakistan Observer, Ali Akhbar House, G-8 Markaz Islamabad and two others on 13-8-1998 before this Commission. 2. Briefly stated, the case of the petitioner as set out in the…
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