| Case ID |
ecd303a7-ff74-45b6-86a2-064185884a4f |
| Body |
View case body. Login to View |
| Case Number |
Appeals Nos. 12(26) and 24(50) of 2000 |
| Decision Date |
Mar 20, 2000 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the order granting interim relief was set aside. The case was remanded for a fresh order in accordance with the law, particularly focusing on the principles governing the grant of interim relief after hearing both parties. It was emphasized that the Member of the National Industrial Relations Commission must first establish a prima facie case of unfair labour practice before granting any interim relief. The court noted that the relevant considerations and legal/statutory requirements were not adequately addressed in the initial order. |
| Summary |
This case revolves around the appeal concerning the termination of 16 employees by Ali Gohar & Company (PVT.) and the subsequent proceedings in the National Industrial Relations Commission (NIRC). The case highlights the procedural requirements for granting interim relief in cases of alleged unfair labour practices. The NIRC found that the initial order did not sufficiently consider the necessary legal standards and principles, leading to the appeal being allowed. The case underscores the importance of establishing a prima facie case before granting interim relief and the need for thorough examination of legal and procedural requirements. As industries evolve and labor relations become more complex, this case serves as a critical reference for understanding the legal framework surrounding labor disputes and the protections afforded to employees under the Industrial Relations Ordinance. Keywords: unfair labor practice, interim relief, Industrial Relations Ordinance, labor disputes, NIRC, employee rights, legal standards. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HUSSAIN CHAUDHRY,
ZIA MAHMOOD MIRZA,
ALAUDDIN QURESHI
|
| Lawyers |
Mahmood Abdul Ghani,
Asmat Kamal Khan
|
| Petitioners |
SAEED AHMAD and 15 others through Ali Gohar & Co.
|
| Respondents |
ALI GOHAR & COMPANY (PVT.)
|
| Citations |
2001 SLD 2067,
2001 PLC 61
|
| Other Citations |
Capt. Retd. Abdul Wajid and 2 others v. Sher Muhammad and others 1980 PLC 800,
M.O. Basha v. The Presiding Officer, Sindh Labour Court PLD 1975 Kar. 57,
1986 CLC 442,
Mst. Yasmin Zafar v. Muhammad Anwar Khan and others PLD 1989 Lah. 38,
PLD 1998 Quetta 1,
1985 PLC 298,
1997 PLC 81,
Pakistan Warehouse Carriers Workers' Union v. A Bench of N.I.R.C. 1988 PLC 890,
Pakistan Telecom Company Lions Staff Union v. NIRC 1999 PLC 320,
1995 SCMR 6,
1998 SCMR 68,
Associated Cement, Wah v. Hassan Din and 2 others 1995 PLC 592,
1980 PLC 752,
PLD 1976 Lah. 611,
Iftikhar Ahmad v. N.I.R.C 1998 PLC 268,
Miss Rukhsana Ijaz v. Secretary Education 1997 SCMR 167
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
National Industrial Relations Commission (Procedure and Functions) Regulations, 1973
|
| Sections |
22 A (8)(g),
22 D,
Regln. 32(2)
|