| Case ID |
15f3d242-73ad-43b1-8de0-12c6ca57e4a9 |
| Body |
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| Case Number |
No.4A(172) of 2012-K/24(173)/2012-K |
| Decision Date |
Feb 21, 2013 |
| Hearing Date |
|
| Decision |
The National Industrial Relations Commission confirmed the ad interim stay order in favor of the employer, restraining the union from coercing, intimidating, or compelling the employer to accept unreasonable demands. The commission found that the union's actions constituted unfair labor practices, and the balance of convenience favored the employer, who would suffer irreparable loss if the stay order was not confirmed. The commission directed the conciliator to expedite the conciliation proceedings. |
| Summary |
This case revolves around the conflict between PHARMATEC PAKISTAN (PVT.) LTD. and the PHARMATEC WORKERS WELFARE UNION (CBA). The employer alleged that the union was engaging in unfair labor practices by making unreasonable demands and attempting to pressure management through intimidation. The National Industrial Relations Commission found in favor of the employer, emphasizing that while unions have the right to present demands, those demands must be reasonable and practicable. The decision also highlights the importance of maintaining industrial peace and the consequences of coercive tactics employed by the union. The case underscores the legal framework surrounding labor relations in Pakistan, specifically the Industrial Relations Act and the regulations governing the National Industrial Relations Commission. Keywords such as 'unfair labor practice', 'industrial peace', 'collective bargaining', and 'labor relations' are pertinent in understanding the implications of this ruling. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
PHARMATEC PAKISTAN (PVT.) LTD.,
PHARMATEC WORKERS WELFARE UNION (CBA)
|
| Judges |
Bashir Ahmed Memon
|
| Lawyers |
S.M. Iqbal,
Khalil-ur-Rehman
|
| Petitioners |
PHARMATEC PAKISTAN (PVT.) LTD.
|
| Respondents |
PHARMATEC WORKERS WELFARE UNION (CBA)
|
| Citations |
2013 SLD 1811,
2013 PLC 318
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act,
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
54(e),
32(2)(c)
|