| Case ID |
39385cb6-48f6-444f-927b-5f26c67c23c8 |
| Body |
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| Case Number |
4-A (479)/90-L/24(390)/90-L |
| Decision Date |
Aug 08, 1991 |
| Hearing Date |
Aug 08, 1991 |
| Decision |
The petition filed by Mian Pervaiz Akhter was rejected as not maintainable. The Commission found that the petitioner, appointed on a sports basis, did not have a guaranteed right to be appointed captain of the cricket team. The appointment of another player as captain did not constitute discrimination or unfair labor practice under the Industrial Relations Ordinance. The Commission concluded that since the staff union did not have the status of a Collective Bargaining Agent, the case could not be brought under the relevant sections of the Ordinance. Thus, the decision of the Sports Committee was upheld, and the petition was dismissed. |
| Summary |
This case revolves around the employment status of Mian Pervaiz Akhter, who was appointed on a sports basis to play cricket for the HBFC Cricket Team. He challenged the decision of the Sports Committee that appointed another player as captain of the team, claiming unfair labor practice and victimization. The National Industrial Relations Commission examined the Industrial Relations Ordinance (XXIII of 1969) and determined that the petitioner did not have a legal basis for his claims since there was no guaranteed right to his appointment as captain. Furthermore, the Commission clarified that the staff union did not have the status of a Collective Bargaining Agent, which is a prerequisite for bringing cases under specific sections of the Ordinance. The decision underscores the importance of defined employment terms and conditions, particularly in sports-related job roles, and clarifies the limitations of claims involving labor practices in the absence of established rights. This case highlights the need for clarity in employment agreements and the role of governing bodies in sports employment disputes, making it relevant for stakeholders in sports management and labor relations. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
H.B.F.C. Cricket Team,
Sports Committee
|
| Judges |
Mahmood Akhtar
|
| Lawyers |
Saleem Baig,
H.R. Haider
|
| Petitioners |
Mian Pervaiz Akhter
|
| Respondents |
Mian Pervaiz Akhter,
General Manager/Chairman, Sports Committee, H.B.F.C. Zonal Office, Lahore
|
| Citations |
1991 SLD 1989,
1991 PLC 924
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
22-A(8)(g),
25-A,
34,
15(1)(c)
|