2011 PLC 136 (PLP)
AZIZ AHMAD SH. Versus U.B.L. and others
| Citation | 2011 PLC 136 (PLP) |
| Forum / Court | National Industrial Relations Commission |
| Bench Members | Ch. Shaukat Nawaz Goraya, Member |
| Parties | AZIZ AHMAD SH. Versus U.B.L. and others |
| Primary Law | Industrial Relations Act (IV of 2008) |
Q1: What are the key laws and sections cited in 2011 PLC 136 (PLP)?
This judgment primarily cites: Industrial Relations Act (IV of 2008) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLC 136 (PLP)?
The case was heard and decided by the National Industrial Relations Commission bench comprising: Ch. Shaukat Nawaz Goraya, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLC 136 (PLP) (AZIZ AHMAD SH. Versus U.B.L. and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Waqar Ahmad for Petitioner.
- Faisal Mehmood Ghani for Respondents.
Headnotes / Summary
Ss. 25(8)(g) & 17
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)
Unfair labour practice by employer
Employee by means of petition under S.25(8)(g) read with S.17 of Industrial Relations Act, 2008 had impugned the transfer order and relieving order passed against him by the employers alleging that said order was passed against him as employer had turned against him due to his lawful trade union activities
Employee had contended that place order to victimize him he had been transferred to a far flung where even the post of Assistant did not exist
Employee further alleged that action of the employers was illegal, void, invalid without lawful authority and amounted to committing of unfair labour practice
Application for issuance of temporary injunction was also filed by the employee
Employee had joined his new place of posting and marked his attendance on daily attendance Register
Employee, in circumstances, had failed to make out a prima facie case in his favour
Stay application merited dismissal.
Judgment & Decree
CH. SHAUKAT NAWAZ GORAYA (MEMBER).
The petitioner has assailed his impugned transfer order dated 13-3-2010 and relieving order dated 5-3-2010 by means of this petition filed under section 25(8)(g) read, with section 17 of I.R.A., 2008. It has been contended that petitioner is President of UBL Progressive Employees Union (Punjab, Islamabad and N.-W.F.P.) duly registered with NIRC. The list of approved office bearers is also attached with the petition. The respondents have turned against him due to his lawful trade union activities. In order to victimize him he has been transferred to a far flung place where even the post of Assistant does not exist. It is further stated that no transfer order was served upon him only a copy of the relieving order addressed to Manager Shah Nikdar was given to him. The order is violative of'Order 2 of Industrial and Commercial Employment Standing Orders Ordinance, 1968. It is further contended that respondents initially opposed the registration of the petitioner's union and after having failed in their attempt the impugned order has been passed with mala fide intention. It is alleged that action of the respondents is illegal, void, invalid, without lawful authority and amounts-to committing of unfair labour practice. Along with the main petition an application for issuance of temporary injunction has been filed.
2. The respondents resisted the petition and the stay application.
3. I heard arguments of the learned counsel for the parties and perused relevant record.
4. The examination of record reveals that petitioner had joined his new place of posting and marked his attendance on daily attendance Register from 16-3-2010 to 31-3-2010 in the cage against his name with the writing that he has joined under protest. Interim injunction was granted in favour of the petitioner vide order of this Bench dated 31-3-2010 meaning thereby the impugned orders have already been implemented when the interim injunction was granted. The copy of the attendance Register for the month of March, 2010 is attached as Annexure "R/1" with the written statement. It is admitted proposition of law that this Commission has no jurisdiction to grant status quo ante.
5. In view of the aforementioned circumstances, the petitioner has failed to-make out a prima facie case in his favour. The stay application merits dismissal, same is therefore, dismissed and temporary injunction which was granted in favour of the petitioner is hereby vacated. H.B.T./44/NIRC Petition dismissed.