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1976 PLC 664

M. ASLAM MALIK vs ALI AHMED

Citation1976 PLC 664
CourtNational Industrial Relations Commission
Case No.Case No. 12(28) of 1975
Date1975-06-15
Judge(s)Bashir Ahmed Malik, Farhat Ali Khan, Mamoon A. Kazi
ResultN/A

ORDER

1. Challenges the impugned order on the ground that no opportunity was given to the appellant to prove the allegations in the complaint which had prima facie disclosed the commission of offence of unfair labour practice by the respondent. Mr. Waraich has contended that it was clearly mentioned in the complaint that respondent had issued a transfer policy wherein it was clearly mentioned that office-bearers of the Collective Bargaining Agent of the level of Joint Secretary and above were not to be transferred from one location to another place of duty copy of which was filed alongwith the complaint as Each. P/3. The learned counsel has further emphasised that the respondents have been strictly adhering to this policy which if given a chance the complainant would have been able to prove Mr. Sadiq Mohammad Waraich has further contended that allegations in the complaint that the transfer of the appellant from Rawalpindi to Karachi was purely by way of victimization and due to his Union activities, he being the Vice-President of the rival Union, could also have been proved by the complainant if proper opportunity has been afforded to him. The learned counsel has therefore contended that impugned order is bad in law.

2. Admit Notice to the respondent for hearing on 7th July 1975.

3. As regards the stay the contention of the learned counsel for the appellant is that if transfer of the appellant is not stayed, his entire case will become infructuous. The learned counsel has further contended that the learned Chairman could only decide the question of stay after providing an opportunity to appellant to file Rejoinder in reply to objections filed by one respondents. Under the circumstances, we order status quo, in the case until the final decision of this appeal.

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