| Citation(s) |
|---|
| 2008 SLG 2048 2008 SLD 2048 2008 PLC 147 |
National Industrial Relations Commission
Appeal No.12(21) of 2007-K, decision dated: 13-11-2007.
JUSTICE (RTD.) RASHID AZIZ KHAN, CHAIRMAN, RAJA ABDULLAH KHAN AND
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Appeal No.12(21) of 2007-K, decision dated: 13-11-2007.
JUSTICE (RTD.) RASHID AZIZ KHAN, CHAIRMAN, RAJA ABDULLAH KHAN AND
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GENERAL TYRE AND RUBBER WORKERS UNION through General Secretary
VS
GENERAL TYRE AND RUBBER COMPANY OF PAKISTAN LIMITED, KARACHI and another GENERAL TYRE AND RUBBER WORKERS UNION through General Secretary vs GENERAL TYRE AND RUBBER COMPANY OF PAKISTAN
Law:
Section:
Industrial Relations Ordinance (XCI of 2002)-------Ss. 49(4)(e) & 52---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Unfair labour practice by employer---Interim relief---Appeal to National Industrial Relations Commission---Appeal had been directed against order of Member, NIRC whereby he dismissed the stay application of appellant-union against Management---Management had denied relationship of employer and employee between disputed workers---Appellant union had failed to produce any appointment letter or any other document to prove that said disputed workers had been appointed by the management and that they were paid by it---Question whether relationship of employer and employees existed between those disputed workers and the management, would be decided after the parties would lead evidence---Appellant union had neither a prima facie case nor balance of convenience lay on its side nor would it suffer irreparable loss if the stay was refused; on the other hand, if stay was granted to appellant union, it would amount to induct those disputed workers in the employment of management which would suffer an irreparable loss if said workers were thrust upon it and Management would be greatly inconvenienced in that way---No Industrial dispute being pending, the interim relief could not be granted to appellant union---Application for interim relief was rightly rejected by Member, NIRC for cogent reasons---No exception could be taken to impugned order, which was well-reasoned---Said order was upheld and appeal was dismissed having no merits at all. 2002 PLC 274 ref. Muhammad Shafique Qureshi for Appellant. Faisal Mehmood Ghani for Respondents. Abdul Hafeez Amjad for Intervener. ORDER RAJA ABDULLAH KHAN, (MEMBER).---This appeal is directed against the order dated 2-8-2007 of the learned Member, NIRC, Karachi Bench whereby he dismissed the stay application of the appellants union/petitioner union against respondents management under Regulation (32)(2)(c) of the NIRC (Procedure and Functions) Regulations, 1973 in case No.4A(47) of 2007-K. 2. The facts in brief giving rise to this appeal as disclosed in the…
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