| Case ID |
225030a1-6977-4fe6-abf7-1d1f5d6bee8f |
| Body |
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| Case Number |
Cases Nos. 4-A(175) and 24 (233) of 1995 |
| Decision Date |
Sep 05, 1995 |
| Hearing Date |
|
| Decision |
The petition filed by the employees regarding their termination was dismissed as not maintainable. The Commission determined that the proper remedy for the petitioners lay before the Labour Court under Section 25-A of the Industrial Relations Ordinance, 1969, rather than the National Industrial Relations Commission, which is concerned primarily with acts of unfair labor practices. The Commission noted that while the termination of services could be a violation of the Standing Orders, it did not constitute an unfair labor practice as defined by the Ordinance. Thus, the petition was rejected without any orders as to costs. |
| Summary |
This case revolves around the termination of employees from the Associated Press of Pakistan, who were members of the A.P.P. Employees Union. The employees alleged that their termination was unlawful and constituted unfair labor practice, prompting them to file a petition with the National Industrial Relations Commission. The Commission, however, determined that the appropriate forum for addressing such grievances was the Labour Court as per Section 25-A of the Industrial Relations Ordinance, 1969. The case highlights the importance of following due process in employment termination and the distinction between unfair labor practices and violations of standing orders. The decision emphasizes the jurisdictional limits of the National Industrial Relations Commission, stating that while violations of standing orders may exist, they do not necessarily equate to unfair labor practices. This case underscores the need for employees to seek remedies through the correct legal channels and reinforces the legal framework governing industrial relations in Pakistan. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Associated Press of Pakistan,
A.P.P. Employees Union of Pakistan
|
| Judges |
Gohar Yaqoob Yousaf Zai
|
| Lawyers |
Mr. M.K Khan,
Mr. M. Bashir Kayani
|
| Petitioners |
A.P.P. Employees Union of Pakistan, Islamabad through President, Zafar Rashid Bhatti and 8 others
|
| Respondents |
Associated Press of Pakistan, Islamabad through Manager (Adorn. and Personnel) and another
|
| Citations |
1996 SLD 321,
1996 PLC 153
|
| Other Citations |
1994 PLC 509,
1994 PLC 306,
1994 PLC 470,
PLD 1991 SC 973,
National Industrial Cooperative Finance Corporation and others v. Raja Ghazanfar Ali 1993 PLC 914
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
22-A(8)(g),
25-A,
S.O. 12
|