| Case ID |
11a59131-7070-4021-ae60-eb39416a1ed0 |
| Body |
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| Case Number |
Case No.4 A (129) of 2000 L |
| Decision Date |
Jul 21, 2000 |
| Hearing Date |
|
| Decision |
The petition filed by the employee, who was serving as a Gang Mate on MOD Lines essential to the Defence Services of Pakistan, was dismissed on the grounds of maintainability. The court noted that the Industrial Relations Ordinance did not apply to the employee due to his service on a MOD Line, thus rendering the petition invalid. The employee's claim of unfair labor practices was not substantiated, as the court found that he could not invoke the provisions of the Ordinance for his grievance. The court emphasized that the employee's participation in trade union activities was not legally defensible given the specific notifications regarding MOD Lines. |
| Summary |
This case revolves around the dismissal of a petition concerning unfair labor practices filed by an employee of Pakistan Railways. The petitioner, a Gang Mate, alleged wrongful termination without due process, claiming his dismissal was due to his involvement in trade union activities. However, the court found that the Industrial Relations Ordinance was not applicable to him as he was employed on a MOD Line, which is excluded from the provisions of the Ordinance. The case highlights the complexities of labor laws in relation to military and defense-related employment, and the specific legal restrictions placed on employees in these roles. The ruling serves as a precedent for similar cases involving employees in essential services and the limits of labor rights within such contexts. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Pakistan Railways
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD ALTAF
|
| Lawyers |
|
| Petitioners |
|
| Respondents |
2 others,
PERMANENT WAY INSPECTOR (P.W.I) PAKISTAN RAILWAYS, HAFIZABAD
|
| Citations |
2001 SLD 1543,
2001 PLC 113
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
1(3)(a),
22 A(8)(g)
|