| Case ID |
d87c4ecc-54c9-4c14-9fb4-89d76156d0d7 |
| Body |
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| Case Number |
N/A |
| Decision Date |
Mar 03, 1985 |
| Hearing Date |
Feb 14, 1985 |
| Decision |
The petitions filed by Muhammad Arif Butt, Taj Muhammad, and Jahangir Ali against the Managing Director, P.U.T.C., were dismissed. The court concluded that the Managing Director had the authority to abolish the posts of duty clerks as part of bona fide adjustments in staff to meet business requirements. The claim that the posts were abolished to curb trade union activities was not substantiated, as evidence was yet to be recorded. The stay orders previously issued were vacated, and the main petitions were directed to come up for evidence at a later date. |
| Summary |
The case revolves around the abolition of duty clerks' posts at P.U.T.C. and allegations of unfair labor practices aimed at suppressing union activities. The petitioners argued that the Managing Director's order was issued with mala fide intentions, particularly to disable the union's influence. The court found that while the petitioners claimed their positions were terminated due to their union affiliations, there was no conclusive evidence linking the post-abolition to these activities. The decision emphasizes the authority of employers to make necessary staff adjustments within legal bounds while reinforcing the need for evidence to support claims of unfair labor practices. This case highlights critical issues in labor relations, particularly regarding the balance of managerial rights and employee protections against discrimination based on union involvement. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
P.U.T.C.,
N.C.C. Limited
|
| Judges |
Mahmood Akhtar
|
| Lawyers |
Asmat Kamal Khan,
Sadullah Mumtaz
|
| Petitioners |
Taj Muhammad,
Muhammad Arif Butt,
Jahangir Ali
|
| Respondents |
Others,
Managing Director, P.U.T.C.
|
| Citations |
1985 SLD 2104,
1985 PLC 747
|
| Other Citations |
N C C Juna Bunder Joint Venture Workers Union v. N C C Limited N L R 1980 T D 95
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
15,
22-B (3) (g)
|