Case Details

Citation(s)
2006 SLG 1688 2006 SLD 1688 2006 PLC 481
National Industrial Relations Commission
Case Nos.4A (224)/2001-K of 24(223)/2001-K, decision dated: 13-10-2003.
ALI NAWAZ A. CHANNA, MEMBER, NIRC

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Ali Nawaz A. Channa, Member, NIRC MUSLIM COMMERCIAL BANK LTD. through Head of Human Resources Division

VS

M.C.B. STAFF UNION OF PAKISTAN through President and 2 others MUSLIM COMMERCIAL BANK LTD. through Head of Human Resources Division vs M.C.B. ST

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c)---Banking Companies Ordinance (LVII of 1962), S. 27-B---Unfair labour practice---Case of petitioner-Bank was that two of its dismissed employees who after dismissal from service of the Bank had become outsider, not only were posing themselves to be the President and Patron of Trade Union, but also were doing such activities which were prejudicial to smooth running of the Bank---Further allegation was that said two dismissed employees were publishing and distributing pamphlets thereby inciting employees of the Bank to disturb the peace, tranquility and smooth running of the Bank---Bank had prayed that said two dismissed employees should be restrained from posing themselves to be President and Patron of the Trade Union---Under provisions of S. 27-B of Banking Companies Ordinance, 1962, specific prohibition was provided that one who was not an employee of the Bank, could not become member of the Trade Union---Dismissed employees of the Bank were debarred from claiming office-bearership from outside quota---Accepting petition tiled by the Bank it was directed that two dismissed employees should not pose themselves as President or Patron of the Union nor should claim themselves to be affiliated with Union in any capacity. Bank of America Employees' Union v. Federation of Pakistan 2003 PLC 143 ref. Faisal Mahmood Ghani for Petitioner. Respondents ex parte. ORDER ALI NAWAZ A CHANNA MEMBER, NIRO---The petitioner Bank has filed this petition under section 22-A(8)(g) of the I.R.O., 1969 and along with it had filed stay application under Regulation 32 (2)(c) of NIRC (P&F) Regulations, 1973 against MCB Staff Union of Pakistan, Malik Ejaz, claiming to be the President of the said union and Saeed Ghani, claiming and posing to be Patron of the said union. The case of the petitioner in brief is that respondents Nos.2 and 3 are the dismissed employees of the Bank and by virtue of section 27-B inserted in Banking Companies Ordinance, 1962 the outsider cannot become the member of any union in the Bank and in…
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