Law:

Section:

Industrial Relations Act (IV of 2008)-------S. 25(8)(g)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(a)(b)---Unfair labour practice---Misconduct---Issuance of letter of inquiry to the employee---Employee who claimed to be elected Finance Secretary of Collective Bargaining Agent Union in the establishment, was issued show-cause notice and after about one year from issuance of said show-cause notice, a letter of inquiry was sent to the petitioner, validity of which had been challenged---Petitioner had alleged that said letter had been issued to him due to his trade union activities---Management vide circular had prohibited the staff from using Pan/Gutka, Naswar and Chhalia etc.---Allegation against the petitioner was that he not only himself was using the said prohibited things, but also was supplying the same to others---Food material was being processed in the Factory in which the petitioner was working---Petitioner having disobeyed the order of the Management, service of show-cause notice on the charge would not amount to any act of unfair labour practice by the Management---Only wild and bald allegations had been alleged by the petitioner against the Management and no specific instance of unfair labour practice had been quoted---Petition was not maintainable. 1990 PLC 772 ref. Jethanand Rathi for Petitioner. S.M. Iqbal for Respondents. ORDER BASHIR AHMED MEMON (MEMBER).--- The petitioner named above has brought the present petition under section 25(8)(g) of Industrial Relations Act, 2008 and along with it has filed application under Regulation 32(2)(c) of NIRC (P&F) Regulations, 1973 for interim stay order. 2. The brief facts giving rise to the present petition are that the petitioner is elected Finance Secretary of CBA Union and he was issued a show-cause notice dated 28-4-2009, which was immediately replied by him on the next day i.e. 29-4-2009 but the management keeping silent for about a year has issued letter of inquiry dated 4-3-2010 and the petitioner has challenged the validity and legality of inquiry letter and it has been alleged that said has been issued against him due to his trade union…

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