'GHULAM NABI DEESHAK (MEMBER).--- This is petition filed under section 17 read with section 31(d) of IRO, 2011 by the petitioner alleging act of unfair labour practice against the respondents. The brief facts of the case are that the petitioner is employed as Assistant in the respondents Establishment.
He performs manual and clerical duties which comes under the definition of workman. The petitioner and other co-workers formed a trade union in the name of UBL Labour Union of Pakistan and documents were sent to Registrar Trade Unions for its registration. Under the provision of IRO, 2011 the names of office bearers were notified to the respondents through registered post. During pendency of registration of the said union the respondents started to victimize the members and office bearers of the petitioner's union by way of transferring, termination and remove from service.
The respondents Nos.3 and 4 issued charge-sheet dated 8-10-2011 to the petitioner during pendency of registration of the union with mala fide intention to punish and teach him lesson for formation of union. This and of respondent is illegal, unlawful and amounts to unfair labour practice, hence this petition.
2. This petition was brought before this Bench on 23-11-2011. After preliminary hearing the learned representative the petition was admitted notice was to respondents for filing comments.
Meanwhile the respondents were restrain no to pass any adverse final order against the petitioner till next date.
3. I have heard the arguments advanced by the learned counsel of both parties. Mr.. Daud Khan Awan Representative for petitioner has argued that petitioner found .a transprovincial trade union under the names of UBL Labour Union of Pakistan and applied for its registration before respondent No,5 on 24-8-2011 the petitioner being a General Secretary of the union notified the names of office-bearers sent to the respondents as per requirement of law. The respondents became annoyed upon the petitioner and started victimization by extending threats of transfer termination and removal from service. The respondents issued charge sheet dated 8-10-1011 against the petitioner levelling false and fabricated allegation which was denied by the petitioner in his reply.
The petitioner and his office bearers filed a petition bearing No,4A(282)/2011-K/24(290)/2011-K before Karachi Bench against the charge sheet the learned Member has granted status-quo in respect of employment of petitioner and other office bearers. But respondents did not obey the orders of Honourable Court Karachi Bench and issued back dated transfer order of the petitioner.
The petitioner filed contempt application before NIRC Karachi Bench the learned Member restrained the transfer order vide order dated 13-9-2011. He further contended that it is policy of management of UBL that no low paid employee will be transferred from one province to another province but petitioner has been transferred the petitioner from Karachi to far flung area of Balochistan with mala fide intention. This act of respondents amount to unfair labour practice. He prayed for confirmation of stay order.
4. On the other side Mr. Faisal Mahmood A. Ghani learned counsel for respondents has contended that sum and substance of pleading of the petitioner is protection under section 17 of IRA, 2012 on account of pendency of application for registration of UBL Labour of Pakistan which has been dismissed by honourable Registrar Trade Union therefore protection under section 17 of the IRA, 2012 is no more available. The petitioner based on plea of petition on this ground alone is liable to be dismissed with stay application. He further contended that present petition has been filed in order to nullify the effects of the orders of Full Bench of this Commission in Appeal No,12(190)/2011-K filed by respondents against the petitioner where in full bench has ordered that Bank would have liberty to proceed against the petitioner if he is found in any illegal action. The conduct of petitioner to nullify the orders of full bench of this Commission by filling this petition obtaining stay is highly contemptuous and requires judicial cognizance. This petition is not maintainable in the law as none of the ingredients of unfair labour practice have been alleged nor claimed to have been violated the respondents only will mala tide intention the termologies have been used to justify by the petitioner alleging unfair labour practice. Neither any unfair labour practice has been committed nor do the respondents intend to commit. He prayed for dismissal of this petition.
5. Heard the arguments and perused the record. It is submitted that this petition has. been filed under section 17 read with section 31(d) of the IRO, 2011 on the ground that application or registration of petitioner's union is pending before the learned RITU the names of office-bearers have been notified to management of respondents but despite of pendency of registration application the management issued charge-sheet and order for transfer of the petitioner with a view to keep the petitioner away. from the activities of the union with mala fide intention. It is admitted fact that application for registration of the petitioner's union has been rejected by learned RTU vide his order dated 19-4-2012 therefore this petition has become intructous: Hence the same is dismissed along with stay application. The prohibitory order granted earlier by this bench is recalled/vacated. No order as to costs. File be consigned to record.