Law:

Section:

Industrial Relations Act (X of 2012)--- --------Sections 31 & 33---Misconduct and absence from duty---Transfer of employee from one place of working to another---Restraint order---Requirements---Petitioner, who claimed to be "workman", having been transferred from one place of working to another, alleged that he had been victimized and discriminated on account of his lawful trade union activities---Petitioner, who was Senior Associate Engineer in the company, had not placed on record any document in order to show that he was ever representative of any trade union and that he was an active member of any trade union---Only general and vague allegations, had been levelled by the petitioner regarding his trade union activities and extending of threats by the employer to quit trade union activities---No specific instance, had been mentioned in the grievance petition---Petitioner joined the inquiry proceedings and contested the same before the Inquiry Officer---Employers had served the petitioner, the charge sheet, wherein the allegations regarding misconduct, absence from duties etc. had been levelled; the petitioner had been given proper opportunity to contest the same by appearing before the Inquiry Officer and cross-examine the witnesses examined before Inquiry Officer---Stay application against the transfer of the petitioner, had already been dismissed---Employer had the prerogative to post his employees as per his own choice---No restraint order could be passed, until and unless, it was established by the workman that transfer had been ordered due to mala fide and on account of trade union activities---Conducting disciplinary proceedings for acts of misconduct against delinquent worker, including office bearers of union, was a right of employer; which could not be curbed or taken away, merely on the general and vague allegations of unfair labour practice---Employer, had legal inherent right to initiate disciplinary proceedings against employees on charge of misconduct and to take such proceedings to their logical end, in absence of any specific instance of unfair labour practice. 2003 PLC 149 rel. THIS ORDER PASSED BY: FALAK SHER FAROOQA…

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