| Case ID |
37f8f3d4-7f72-4e43-9d70-ec28643075c3 |
| Body |
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| Case Number |
Cases Nos. 4-A(101) and 24(140) of 1995 |
| Decision Date |
Sep 21, 1995 |
| Hearing Date |
|
| Decision |
The petition was dismissed, as the petitioners, who were employed as Divisional Accountants, had been promoted to officer grade (BPS-16), thus ceasing to qualify as 'workers' under the Industrial Relations Ordinance. The Commission found no evidence of trade union activities or victimization by the respondents. Transfers were deemed a fundamental right of the employer, and without evidence of unfair labor practices, the Commission would not interfere. |
| Summary |
In the case before the National Industrial Relations Commission, the petitioners, who were employed as Divisional Accountants at the Capital Development Authority, challenged their transfers as unfair labor practices. The Commission ruled that the petitioners, having been promoted to officer grade, no longer qualified as 'workers' under the Industrial Relations Ordinance. The ruling emphasized that the right to transfer employees lies with the employer, and without evidence of trade union activities or victimization, the case was dismissed. This decision reinforces the principle that employers possess fundamental rights regarding employee transfers, particularly in cases where the nature of work changes significantly due to promotions. The case highlights important aspects of labor relations and the legal definitions of worker status, making it significant for both employers and employees in understanding their rights and obligations under labor law. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Capital Development Authority
|
| Judges |
Gohar Yaqoob Yousaf Zai
|
| Lawyers |
M.K. Khan,
S. Rais Ahmad Jafri
|
| Petitioners |
Allah Ditta,
Raja Muhammad Riaz,
Nasir Qarban,
Muhammad Nazir Qureshi
|
| Respondents |
Deputy Director (Personnel), Capital Development Authority, Islamabad
|
| Citations |
1996 SLD 295,
1996 PLC 107
|
| Other Citations |
PLD 1988 SC 53,
1994 PLC 284,
1989 PLC 439,
1994 PLC 140
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
2(xxviii),
15(d),
22-A(8)(g)
|