| Case ID |
d69713f1-a0cd-4d8c-9d59-0ae5d1cf0c2b |
| Body |
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| Case Number |
Appeal No.12(03) of 2001-K |
| Decision Date |
Dec 06, 2006 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order of the learned Member Single Bench was set aside. The case was remanded back to the learned Member Karachi Bench for deciding the main petition after providing both parties the opportunity to prove their respective contentions. The respondents were restrained from further victimization of the workers of the appellant-Union. The learned Member's previous order was found to be based on presumptions rather than legal interpretation, leading to the necessity of reassessing the case with appropriate evidence presented by both parties. |
| Summary |
This case revolves around the appeal made by the Duty Free Shops Labour Union against the Duty Free Shops regarding unfair labor practices. The core issue was the dismissal of a petition by the National Industrial Relations Commission (NIRC), which the Union claimed was based on presumptions without proper evidence. The appeal highlighted the Union's role as the collective bargaining agent for the workers, who faced victimization and coercion from the management following their demand for negotiations. The case emphasizes the importance of fair labor practices and the necessity for judicial bodies to allow parties to present evidence before making decisions. The ruling not only reinstated the Union's rights but also mandated the management to refrain from further victimization, showcasing the court's commitment to upholding labor rights. Key legal provisions involved include sections from the Industrial Relations Ordinance and NIRC regulations. This case serves as a significant reference point for similar disputes in labor relations, particularly in ensuring that workers' rights are protected against unjust employer actions. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
DUTY FREE SHOPS LABOUR UNION,
DUTY FREE SHOPS
|
| Judges |
JUSTICE (RETD.) TANVIR AHMED KHAN,
SYED AKHTAR NAQI NAQVI,
GHULAM NAUMAN SHAIKH
|
| Lawyers |
Ch. M. Latif Saghar,
Rana Hamaad Aslam,
M.A.K. Azmati,
Faisal Mehmood Ghani
|
| Petitioners |
DUTY FREE SHOPS LABOUR UNION
|
| Respondents |
DUTY FREE SHOPS
|
| Citations |
2007 SLD 1968,
2007 PLC 524
|
| Other Citations |
1986 PLC 751,
1992 SCMR 36
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
22-A(8)(g),
22-D,
Regln.32(2)(c)
|