| Case ID |
439068d8-631f-49e6-bd1a-c31b69b3e26c |
| Body |
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| Case Number |
4(368) of 1975 |
| Decision Date |
Aug 15, 1977 |
| Hearing Date |
|
| Decision |
The case involved allegations of unfair labor practices against five workers of Messrs Corning Glass Pakistan Limited, who were accused of instigating an illegal strike and coercive tactics against management. The court found that the strike was valid as it was initiated by a recognized union, despite challenges regarding the legitimacy of the General Secretary's position. The court ruled that the General Secretary had the authority to issue the strike notice, fulfilling legal requirements. Although the prosecution failed to prove the involvement of all accused in go-slow tactics and coercive methods, S.A. Hashmi was found guilty of attempting to compel the employer through coercion and was sentenced to one month of rigorous imprisonment. The other accused were acquitted due to insufficient evidence against them. |
| Summary |
This case revolves around the legal complexities of labor relations and the rights of workers to strike under the Industrial Relations Ordinance (XXIII of 1969). The accused were charged with unfair labor practices, including instigating an illegal strike and utilizing coercive tactics to pressure management. The National Industrial Relations Commission analyzed the validity of the strike based on the authority of the union's General Secretary and the recognition of the union by management. The ruling highlights the importance of procedural compliance in labor disputes and the balance between management rights and workers' rights. The decision emphasizes the legal framework governing industrial relations, the role of trade unions, and the standards for lawful strike actions, making it a pivotal case in labor law discussions. Keywords such as 'unfair labor practices', 'valid strike', 'industrial relations', 'trade union rights', and 'workers' rights' are essential for understanding the implications of this case. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Messrs Corning Glass Pakistan Limited,
Corning Glass Employees' Union
|
| Judges |
MAMOON A. KAZI, SENIOR MEMBER,
S. C. SUBJALLY
|
| Lawyers |
Not available
|
| Petitioners |
Iqbal Hussain,
Javed Iqbal,
S. A. Hashmi,
Mohammad Saleem,
Iqbal Quadri
|
| Respondents |
Management of Messrs Corning Glass Pakistan Limited
|
| Citations |
1978 SLD 1073,
1978 PLC 338
|
| Other Citations |
Employees' Union v. Messrs Bukhari Hotel 1975 P L C 768,
Alwin Silk Mills Workers' Union v. The Management, S. I. T. E., Karachi 1977 P L C 427,
Workers' Union v. Indus Chemical & Alkalies Ltd. 1971 P L C 516
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
8(4),
16(1)(e),
26,
52,
53(3)
|