| Case ID |
2b7886db-bc9b-41c2-9516-70a2ceb45dda |
| Body |
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| Case Number |
No.4A(31) of 2011-K/24(36) of 2011 |
| Decision Date |
May 18, 2011 |
| Hearing Date |
|
| Decision |
The National Industrial Relations Commission ruled that the petitioner union, being registered and certified for one establishment, could not represent workers from other separate establishments. The court confirmed the interim stay order against the respondent establishment, restraining them from taking adverse actions against the employment of the petitioner's office-bearers and members. The decision emphasized that the Industrial Relations Act, 2008 does not allow a union to extend its membership to another establishment without proper registration. The case highlighted the importance of adhering to legal provisions in labor relations and the rights of trade unions. |
| Summary |
This case revolves around the Awami Labour Union of Collateral Services Ltd. (CBA), which filed a petition against Messrs Habib Bank Limited and two other respondents concerning allegations of unfair labor practices. The petitioner alleged harassment and victimization of its members due to their union activities. The National Industrial Relations Commission examined the legality of the union's membership extension to other establishments and ruled that the union could not represent workers from separate entities without proper registration. The decision confirmed the interim stay order against the respondent establishment, ensuring protection for the petitioner's members. This case underscores critical aspects of labor law, union representation, and the procedural requirements under the Industrial Relations Act, 2008, emphasizing the need for compliance with legal regulations governing trade unions and their operations. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Awami Labour Union of Collateral Services Ltd.,
Messrs Habib Bank Limited,
Respondent No.2,
Respondent No.3
|
| Judges |
Bashir Ahmed Memon
|
| Lawyers |
Muhammad Khurshid for Petitioner,
Faisal Mahmood Ghani for Respondent No.1,
Muhammad Sabir for Respondents Nos.2 and 3
|
| Petitioners |
Awami Labour Union of Collateral Services Ltd. (CBA)
|
| Respondents |
Messrs Habib Bank Limited,
|
| Citations |
2014 SLD 2691,
2014 PLC 3
|
| Other Citations |
2005 PLC 142
|
| Laws Involved |
Industrial Relations Act, 2008,
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
25(8)(g),
42,
Regln.32(2)(c)
|