| Case ID |
00a11ab6-a847-4fd0-9960-ec2084cfffaf |
| Body |
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| Case Number |
4A (224)/2001-K of 24(223)/2001-K |
| Decision Date |
Oct 13, 2003 |
| Hearing Date |
|
| Decision |
The petition filed by the Muslim Commercial Bank was accepted, directing that the two dismissed employees, who were posing as the President and Patron of the trade union, must refrain from such claims. The decision emphasized that under section 27-B of the Banking Companies Ordinance, 1962, individuals who are not employees of the bank cannot hold positions within the union, thus validating the petitioner's request to restrain the respondents from claiming any affiliations with the union. |
| Summary |
In the case before the National Industrial Relations Commission, the Muslim Commercial Bank sought to restrain two dismissed employees from falsely claiming positions within the M.C.B. Staff Union of Pakistan. The bank contended that these individuals, having been dismissed from service, were inciting unrest among current employees by distributing pamphlets. The Commission found that under the Banking Companies Ordinance, only active employees could hold union positions, thereby ruling in favor of the bank. This case highlights the importance of adherence to labor laws regarding union membership and the legal implications of unfair labor practices. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
MUSLIM COMMERCIAL BANK LTD.,
M.C.B. STAFF UNION OF PAKISTAN
|
| Judges |
Ali Nawaz A. Channa
|
| Lawyers |
Faisal Mahmood Ghani
|
| Petitioners |
MUSLIM COMMERCIAL BANK LTD. through Head of Human Resources Division
|
| Respondents |
M.C.B. STAFF UNION OF PAKISTAN through President,
Malik Ejaz,
Saeed Ghani
|
| Citations |
2006 SLD 1688,
2006 PLC 481
|
| Other Citations |
Bank of America Employees' Union v. Federation of Pakistan 2003 PLC 143
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973,
Banking Companies Ordinance (LVII of 1962)
|
| Sections |
22-A(8)(g),
32(2)(c),
27-B
|