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 relief---Application for---Petitioner, who was designated as "Tyre Builder" in the establishment and was President 'of Workers Union in the establishment, had alleged that employers unilaterally by force and compulsion wanted run the Factory on Eid-ul-Fitr holidays and when he opposed employers from running the factory on said two holidays he was transferred twice from one place of working to another and was forced to work on lower post which was act of unfair labour practice on part of employers---Employers objected maintainability of petition by petitioner alleging that petitioner remained absent without permission for more than ten days and As said absence was act of misconduct and disciplinary action. against him was legal and contractual right of employers, disciplinary action against petitioner was not an act of unfair labour practice by employers---Charge-sheet was sent to petitioner, but he refused to receive same---Inquiry letters were also issued to the petitioner, but he deliberately and wilfully did not attend the inquiry---Terms and conditions of employment which had been accepted by petitioner, showed that he could be transferred to any official work place and his designation could also be changed on sole discretion of the employers---Even otherwise it was prerogative of the employers to transfer his employee from one place to another keeping in view their own administrative requirements---Counsel for employers stated that no action was taken against any of the workers who did not work on Eid-ul-Fitr holidays---No office-bearer or worker had filed any affidavit to the effect that employers had taken work on Eid-ul-Fitr holidays by force or any action was taken against any workers for not working on those holidays---Petitioner had not been able to prima facie substantiate that his transfer was mala fide, illegal and amounted to unfair labour practice on part of employers---Employers had a statutory right to…

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