| Case ID |
025ad8c0-ef1f-4a21-9b92-8b647e60e8cb |
| Body |
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| Case Number |
Case No. 4 (139) of 1984 |
| Decision Date |
Jul 08, 1984 |
| Hearing Date |
Jun 21, 1984 |
| Decision |
The National Industrial Relations Commission dismissed the complaint regarding unfair labour practices associated with the retrenchment of workers from the Fabrication Shop of Saif Nadeem Kawasaki Motors Ltd. The Commission found that the closure of the Fabrication Shop was justified as it was no longer necessary after the completion of equipment fabrication for the factory. The retrenchment of workers, including prominent Trade Union office-bearers, was deemed permissible under the relevant Standing Orders, and the complainant failed to establish that the actions of the respondents constituted an unfair labour practice. Thus, the complaint was dismissed. |
| Summary |
In the case of Saeedur Rehman vs. Managing Director, Saif Nadeem Kawasaki Motors Ltd., the National Industrial Relations Commission ruled on the legality of retrenchments from the Fabrication Shop due to its closure. The complainant, who served as General Secretary of the Trade Union, alleged unfair labour practices following the retrenchment of workers, including Union office-bearers. The Commission upheld the company's decision, emphasizing that the Fabrication Shop was no longer required after fulfilling its purpose of fabricating equipment for the factory. The Commission noted that the retrenched workers, being trained for specific tasks, could not be absorbed into other departments. This case highlights the complexities surrounding unfair labour practices and the justification for retrenchments in industrial settings. Keywords such as 'unfair labour practice,' 'retrenchment,' 'Trade Union rights,' and 'Industrial Relations' are crucial for understanding this legal context. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Trade Union,
Saif Nadeem Kawasaki Motors Ltd.
|
| Judges |
AZIZ AHMAD, MEMBER
|
| Lawyers |
Malik Mehrban Khan,
Riaz Anwar
|
| Petitioners |
Saeedur Rehman
|
| Respondents |
3 OTHERS,
MANAGING DIRECTOR, MESSRS SAIF NADEEM KAWASAKI MOTORS LTD.
|
| Citations |
1954 SLD 1975,
1954 PLC 1617
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S. O. 13,
15 (1) (d),
53
|