Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 49(4)(e) & 63---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Unfair labour practice by employers---Petition against---Interim prohibitory order---Application for---Petitioners were working as `Front office cashiers' in the establishment---Subsequently when establishment proposed to promote petitioners as `Guest Service Officers', petitioners filed their individual petitions before the Bench of National Industrial Relations Commission, which were dismissed by common order with the observation that by re-designating petitioners as `Guest Service Officers' they would not become officers to be deprived of their trade union activities---Petitioners filed present petitions with the prayer to declare said act of establishment as unfair labour practice and to restrain establishment from dismissing/terminating petitioners---Petitioners had also filed applications under Regln.32(2)(c) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 for grant of interim prohibition order, which applications were allowed and interim prohibitory orders were granted---Petition revealed that except the allegations that petitioners were called by establishment to consider the suggestion of the Management to disassociate from C.B.A. Union and to join pocket union, no other specific instance had been mentioned to establish whether petitioners were or were not likely to be victimized by establishment on account of their trade union activities so as to constitute unfair labour practice---Jurisdiction of National Industrial Relations Commission, was confined to the cases, where there was likelihood of commission of acts of unfair labour practice and Commission was not conferred with general jurisdiction to entertain all kinds of grievance petitions---For the reasons, other than unfair labour practice, grievances were to be entertained,4nd determined by the Labour Court, which could also determine whether petitioners, after their promotion as `Guest Service Officers', still continued to perform any manual or clerical work and would have status…

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