| Case ID |
10ebc3d9-60c3-4f2e-b128-9c64c9f4bed6 |
| Body |
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| Case Number |
Appeal No. 12(41) of 1988 |
| Decision Date |
Dec 04, 1988 |
| Hearing Date |
|
| Decision |
The appeal was partly allowed, with the Full Bench of the National Industrial Relations Commission setting aside the prohibitory order against the office-bearers of the H.B.F.C. Employees Union. The court held that the petition by Zafar Iqbal Bhatti was based on allegations of unfair labour practices and not on any defect in the office-holding of the elected office-bearers. Therefore, until a final determination was made, it was deemed improper to prevent the validly elected office-bearers from performing their legal functions. The court confirmed the prohibitory order against actions that constituted unfair labour practices, but allowed the office-bearers to continue their roles until the case was resolved. |
| Summary |
This case revolves around an appeal concerning unfair labor practices within the H.B.F.C. Employees Union. Zafar Iqbal Bhatti filed a petition alleging that the office-bearers of the union were engaging in practices that undermined the rights of union members. The National Industrial Relations Commission examined the claims and the validity of the actions taken against the office-bearers. The case highlights issues of labor relations, union rights, and the legal framework governing industrial relations in Pakistan. The decision emphasized the importance of allowing elected representatives to fulfill their duties unless there is a compelling reason to restrict their actions. This ruling is significant for labor law practitioners, union members, and employers, as it reinforces the protections afforded to union officials against unfounded claims of misconduct. Keywords: labor law, unfair labor practice, industrial relations, union rights, legal framework, Pakistan. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
,
H.B.F.C. Employees Union
|
| Judges |
M.S.H. QURAISHI (CHAIRMAN),
S. IJAZ-UL-HASSAN,
BAQAR ALI KHAN
|
| Lawyers |
H.R. Raider,
Saleem Baig
|
| Petitioners |
,
ZAHID HUSSAIN CHAUDHRY,
H.B.F.C. EMPLOYEES UNION
|
| Respondents |
ZAFAR IQBAL BHATTI
|
| Citations |
1989 SLD 1139,
1989 PLC 165
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
22-A(8)
|