Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------S. 49(4)(e)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Unfair labour practice by employers---Petition against---Interim relief---Application for---Case of petitioner union was that it was Collective Bargaining Agent in the establishment since March, 2002 and till determination of next Collective Bargaining Agent it had the right to perform as Collective Bargaining Agent under S.22 of Industrial Relations Ordinance, 2002; it was alleged that referendum proceedings were in progress since March, 2005, but authorities had been postponing same illegally and mala fide on the behest of Management who desired to obtain result of the referendum in favour of a particular union---Allegations were also levelled against the Management for entertaining another union which was not Collective Bargaining Agent, but it issued a pamphlet and got it published in newspapers, to the effect that Management had agreed to pay bonus to the workers, which according to the petitioner union was depriving it of its right as Collective Bargaining Agent of holding negotiation with the Management---Petitioner had also alleged that despite the agreed demand in the settlement of the year 1992 and being incorporated in subsequent settlement that no work, which could be better performed by the workers, would be given on contract, Management had published notice for pre-qualification that Management intended to privatize the cargo handling operations for containers, bulk and break bulk cargo through Cargo Handling Companies, which amounted to changing of terms and conditions of workers already settled and it was violation and non-implementation of the said terms and settlement by authorities in collusion with each other just to get the petitioner union defeated in next referendum---Said allegations had been denied by the authorities in their comments and petitioner union had not preferred to file any joinder---Such factual oral allegation in view of the denial of authorities, would require evidence of the parties to be adduced by them so as to substantiate their respective…

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