Legal Case Summary

Case Details
Case ID 22521947-63a4-439c-8ff7-127a6006ca0a
Body View case body.
Case Number 12(38) of 1980
Decision Date Jun 14, 1981
Hearing Date
Decision The National Industrial Relations Commission ruled that the appeal against the complaint of unfair labor practices filed by Ghulam Rabbani was dismissed. The Commission held that it had the jurisdiction to address the complaint, which was not merely an application for redress of individual grievance under Section 25-A. The decision emphasized that the failure to provide a grievance notice or approach the Commission within a specified period did not deprive it of its jurisdiction to address allegations of unfair labor practices. The case highlighted the importance of protecting workers' rights and ensuring that complaints regarding unfair labor practices are heard and adjudicated appropriately.
Summary This case revolves around the complaint of unfair labor practices filed by Ghulam Rabbani, a former employee of the Forest Development Corporation. The Commission found that the respondent was terminated from his position due to his involvement in union activities, which is protected under labor laws. The appellants contended that the complaint was not maintainable due to the lack of grievance notice and timeliness. However, the Commission clarified that the nature of the complaint fell under unfair labor practices and that jurisdiction was not lost due to procedural missteps. The ruling reinforces the significance of workers' rights and the Commission's role in adjudicating labor disputes. It serves as a precedent for similar cases where workers face termination due to union activities. The case underscores the legal protections afforded to laborers under the Industrial Relations Ordinance, highlighting the Commission's duty in ensuring fair treatment in the workplace.
Court National Industrial Relations Commission
Entities Involved Karachi Development Authority, Forest Development Corporation, Adamjee Paper & Board Mills, Khewra Salt Mines
Judges Ibrahim Mahmud, S. Rais Ahmad, Jaffri, Mahmood Akhtar
Lawyers Mushtaq Ali Tahirkheli
Petitioners , Muhammad Ashraf Khan
Respondents Ghulam Rabbani
Citations 1987 SLD 1108, 1987 PLC 298
Other Citations 1980 P L C 800(u), PLD 1975 Kar. 716, PLD 1975 Kar. 719, P L D 1976 Lah. 601, 1980 P L C 426, 1978 P L C 586
Laws Involved Industrial Relations Ordinance (XXIII of 1969), National Industrial Relations Commissions (Procedure and Functions) Regulation, 1973
Sections 15(i)(d), 22-B(3)(a), 22-D(i), 25-A, Regln. 32