| Case ID |
0394e889-58ad-46a4-8f71-a3a84a4e5e5f |
| Body |
View case body. Login to View |
| Case Number |
4A(252)/09-L, 4A(341)/09-L and 4A(342)/09-L |
| Decision Date |
Jan 28, 2010 |
| Hearing Date |
|
| Decision |
The National Industrial Relations Commission found that the petitioners' transfer orders were not implemented, thus no unfair labor practice had occurred at the time of the decision. The Commission noted that the petitioners had not relinquished their posts and were still in their original positions. The allegation of victimization due to trade union activities was not substantiated as the petitioners failed to provide specific instances or evidence of coercion by the respondents. The Commission concluded that after the local election, no grounds remained for the petitioners' claims, rendering the petitions infructuous and leading to their dismissal. |
| Summary |
This case revolves around the allegations of unfair labor practices concerning the transfer orders of employees who were active trade unionists. The petitioners contended that their transfers were aimed at preventing them from participating in union elections, thus constituting victimization. The Commission examined the transfer orders and determined that they had not been enforced, and therefore, no unfair labor practice had been committed. The petitioners failed to provide concrete evidence of coercion or specific instances of unlawful conduct by their employers. The decision emphasized the employer's right to transfer employees for operational efficiency and concluded that the case was moot following the union elections. This decision highlights the balance between employee rights and employer prerogatives, a critical aspect of labor law that is increasingly relevant in today's workforce dynamics. The ruling serves as a precedent for future cases involving similar allegations, reinforcing the need for clear evidence in claims of unfair labor practices. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
National Industrial Relations Commission,
United Bank Ltd.
|
| Judges |
CH. SHAUKAT NAWAZ GORAYA
|
| Lawyers |
Ch. Waqar Ahmed,
Faisal Mehmood Ghani
|
| Petitioners |
others,
M. MAZHAR IQBAL SIAL
|
| Respondents |
others,
UNITED BANK LTD.
|
| Citations |
2011 SLD 1615,
2011 PLC 235
|
| Other Citations |
2003 PLC 344,
1996 PLC 100
|
| Laws Involved |
Industrial Relations Act,
National Industrial Relations Commission (Procedure and Functions) Regulations
|
| Sections |
25(8)(g),
17,
32(2)(c)
|