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Application No. 322 of 1974, decided on 7th September 1974.
--- S. 47-Permission for dismissal of office-bearer of Union -Union raising industrial dispute demanding, inter, alia, withdrawal of enquiry against workman concerned - Industrial dispute, however, not yet pending either before Conciliator, Arbitrator or Labour Court Application for permission for dismissal, in circumstances, held, premature and not maintainable.
Kh. Muhammad Faroog for Petitioner.
Messrs Friends Traders, Rawalpindi have moved this application under section 47 (2) read with section 34 of the Industrial Relations Ordinance, 1969, for permission "to dismiss the respondent from service in accordance with the findings of the enquiry officer." In para. 12 of the petition it is stated that the Friends Traders Employees Union has raised an industrial dispute and have as part thereof demanded the withdrawal of enquiry against the respondent and that all this has been done with a view to prevent the petitioner from dismissing the respon dent. In para. 13 it is alleged that this application has been moved in order to avoid legal complications which may arise on account of the dismissal of the respondent Kh. Muhammad Farooq, Advocate has admitted that the conciliation proceedings have not yet commenced and the industrial dispute in question is not pending in the Labour Court or the Tribunal. Subsection (2) of section 47 provides that notwith standing anything contained in subsection (1) an officer of a registered Trade Union shall not, during the pendency of any proceedings referred to in subsection (1) be discharged, dismissed or otherwise punished for misconduct, except with the previous permission of the Labour Court." The proceedings referred to in subsection (1) means the proceedings before the Conciliator, Arbitrator Labour Court or the Tribunal. Since these proceedings are not pending before any of these forums, therefore, this petition is premature and question of permission does not arise at this stage. The application is, therefore, dismissed.
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