Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------S. 49(4)(e)---Unfair labour practice by the employers---Petition against---Petitioner serving as Assistant Accountant in the establishment was to be retired on 14-6-1998 on attaining superannuation age of 60 years, but before the date of his retirement, establishment after evaluation of past working of petitioner, granted promotion to petitioner to the post of Accountant along with extension of his service for a period of further one year---Consequently, petitioner was now to retire on 13-6-1999---As for the post of Accountant to which petitioner was promoted, superannuation age was 65 years instead of 60 years, petitioner was to be retired on 13-6-2003---During period of his extended period of service, petitioner, who was President of Trade Union in the establishment, apprehending adverse action against the office-bearers of said union, filed petition against establishment---Said petition was admitted for hearing by Chairman, National Industrial Relations Commission with interim order whereby establishment was restrained to pass adverse order against the petitioner---Despite said restraint order, establishment abruptly terminated service of petitioner without giving any reason---Establishment, in circumstances had flouted interim order of the Chairman, whereby it was restrained from any adverse order against the petitioner---Even otherwise petitioner could not be terminated/retired on ground of superannuation on reaching age of 60 years, when prior to 8 years of his said superannuation, management had itself promoted petitioner as Accountant, superannuation age of which was 65 years---Establishment had passed impugned order abruptly in a mechanical manner simply to keep away petitioner from his trade union activities---No opportunity of hearing having been provided to petitioner before issuance of impugned order, same was set aside. H.R. Haider for Petitioner. Ch. Javed Altaf for Respondents. ORDER JUSTICE (RETD.) TANVIR AHMED KHAN (CHAIRMAN).---This case has got chequered history. The facts briefly are that the petitioner Ch. Muhammad Yousaf joined respondent Establishment in the year 1960. He was President…

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