Law: Industrial Relations Act, 2012

Section: 33

Keywords: Result: Order accordingly ORDER ' MIANGUL HASSAN AURANGZEB, J. ' As common questions of law and fact are involved in writ petitions bearing Nos. 815, 816, 817, 818 and 819 of 2016, I intend to dispose them of through this common order. 2. Through the afore-stated writ petitions., the petitioner, Pakistan International Airlines Corporation, has called into question the interlocutory Order dated 29.1.2016, passed by the learned Full Bench of the National Industrial Relations Commission in exercise of its appellate jurisdiction. 3. The facts of the case are that on 27.6.2014, a show-cause notice was issued to respondent No 2 by the petitioner under Section-II, Clause 75(aj) of the PIAC Employees .(Service Discipline) Regulations, 1985, alleging that a fake/bogus matriculation certificate had been submitted by respondent No, 2 to the petitioner corporation at the time of his induction. As respondent No, 2 did not submit a reply to the said show-cause notice, the petitioner dispensed with inquiry proceedings in this case under Rule 79 of the PIAC Employees (Service Discipline) Regulations, 1985. A notice for personal hearing was issued on 6.8.2014 to respondent No, 2 requiring him to appear on 7.8.2014 before the Senior *General Manager (Human Resources), HA Head Office Building, Karachi, and explain as to why action in accordance with the applicable rules should not be taken against him for the aforesaid act of misconduct. Furthermore, respondent No, 2 was warned that in case he failed to turn-up for the personal hearing, it would be assumed that he was not interested in defending his position and that the case would be finalized on the basis of the available record. 4. Aggrieved by the said show-cause notice, respondent No, 2 filed a petition under Section 54(e) of the Industrial Relations Act, 2012, before the National Industrial Relations Commission ("N.I.R.C."). The petitioner contested this petition by filing its reply. After an inter parte hearing, the learned Member, N.I.R.C., vide order dated 23.6.2015, dismissed respondent No, 2's petition. Respondent No, 2 impugned the said Order dated 23.6.2015 before the learned Full Bench of the N.I.R.C.,…

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