| Case ID |
0a2cac18-5878-46f5-a547-ae758eab2391 |
| Body |
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| Case Number |
4-A(114) and 4-A(115) of 1995 |
| Decision Date |
Sep 12, 1995 |
| Hearing Date |
|
| Decision |
The petitions filed by Muhammad Wazir and Abdul Hameed Abbasi were dismissed as the petitioners failed to establish a case of unfair labour practice within the meaning of section 15(d) of the Industrial Relations Ordinance, 1969. The Commission found that the transfer of employees was a basic right of the employer and could not be challenged unless a positive case of unfair labour practice was proven. The interim orders to suspend the transfer were recalled, and the petitions were deemed not maintainable without any orders as to costs. |
| Summary |
This case revolves around the allegations of unfair labor practices by the Utility Store Corporation against its employees, Muhammad Wazir and Abdul Hameed Abbasi. The employees challenged their transfers, claiming that these were acts of victimization due to their involvement in lawful trade union activities. The National Industrial Relations Commission, however, upheld the rights of the employer to transfer employees as necessary for operational efficiency. The Commission emphasized that unless a clear case of unfair labor practice is established, such transfers are valid and within the employer's rights. This case underscores the delicate balance between employee rights and employer prerogatives in labor relations. The decision aligns with previous case law, reinforcing the principle that labor disputes must be adjudicated based on established legal standards and evidence of wrongdoing. The keywords trending in labor law include 'unfair labor practice', 'employee rights', 'employer prerogatives', and 'labor relations'. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Utility Store Corporation of Pakistan
|
| Judges |
Gohar Yaqoob Yousaf Zai
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Wazir,
Abdul Hameed Abbasi
|
| Respondents |
Utility Store Corporation of Pakistan through Regional Manager
|
| Citations |
1996 SLD 297 = 1996 PLC 100
|
| Other Citations |
PLD 1988 SC 53,
1994 PLC 140,
1994 PLC 284,
1989 PLC 439
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
15,
22-A(8)(g)
|