| Citation(s) |
|---|
| 2009 SLG 3118 2009 SLD 3118 2009 PLC 354 |
National Industrial Relations Commission
No. 4A(92)/2009-K/24(101)/2009-K, decided on 1st August, 2009.
BASHER AHMED MEMON, MEMBER
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No. 4A(92)/2009-K/24(101)/2009-K, decided on 1st August, 2009.
BASHER AHMED MEMON, MEMBER
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OPTIMUS LTD. EMPLOYEES UNION and 2 others
VS
Messrs OPTIMUS LIMITED and 3 others
Law: Industrial Relations Act, 2008
Section: 25(8)(g)
Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
Section: 32(2)(c)
Industrial Relations Act (IV of 2008)--- ---S. 25(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)-Unfair labour practice by the employers---Stay application---Petitioners claimed that employees union raised industrial dispute through charter of demand, but employer was adopting tactics to curb, check and stifle the bona fide Trade Union activities and claimed that the other Union (illegally constituted) had also submitted charter of demand on which negotiations were going on---Petitioners had alleged that employers had been entertaining said illegally constituted Trade Union and were adopting delaying tactics towards charter of demand submitted by their trade union---Further allegation was that employers had issued letters of warning to petitioners on the false and concocted allegations which amounted to unfair labour practice on the part of employers---Petitioners, in circumstances had prayed to restrain the employers from committing acts of unfair labour practice---While admitting the petition, an interim prohibitory order was passed restraining the employers from taking any adverse action in respect of employment of petitioners---Petitioners, no doubt were office-bearers of the union, but under the cover of Trade Union activities they were not supposed to misbehave with the management officials or to use vehicle of management without obtaining the permission---One of the petitioners forcibly entered in the office of Admin Officer when he was busy and misbehaved with him by shouting at him and used abusive language---Petitioners on that account were served warning letters, which was requirement of smooth running of the establishment, which could not be termed as unfair labour practice---Stay application as well as main petition, stood disposed of, accordingly. ORDER BASHIR AHMED MEMON (MEMBER).---The above named petitioners have brought this petition under section 25(8)(g) of the I.R.A., 2008 along with application under Regulation 32(2)(c) of NIRC(P F) Regulations, 1973 for interim relief against the respondents. 2. The brief facts as stated in the petition are that petitioner No.1…
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