Law: Industrial Relations Act, 2012

Section: 83

Law: Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985

Section: 11

Industrial Relations Act, 2012 (X of 2012)-- ----S. 83--Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985, S. 11, Clause 75(aj)-- Appointment as cargo assistant on contract basis--Submission of bogus educational certificates--Termination of service--Two years period was given for submission of genuine educational certificates--Non-submission of genuine certificates--Issuance of show-cause notice--Allegation of misconduct--Inquiry report--Filing of petition--Dismissed--Appeal Dismissed--Concurrent orders--Mandatory requirement--Challenge to did not even apply to B.I.S.E., Rawalpindi or University of Punjab for issuance of a duplicate certificate/degree--Such omissions on part of petitioner cast a serious doubt on his assertion that said educational testimonials were destroyed in a flood--After being informed by B.I.S.E., Rawalpindi that petitioner’s Intermediate certificate was bogus, it was nothing but just and reasonable for P.I.A.C. to have issued show cause notice to petitioner--Issuance of show cause notice in such circumstances cannot be termed as an unfair labour practice obtained prescribed qualification of graduation for appointment as cargo assistant several years after his appointment does not improve his case in any way--If he did not have said prescribed qualification, his appointment would be rendered non-est--Inquiry proceedings against petitioner have not culminated in a final order--Once final order is passed, petitioner would be at liberty to assail same in accordance with law before appropriate forum--I find petitioner’s complaint regarding inquiry proceedings made at this stage to be premature--Petition dismissed. 2020 PLC 27, 2017 SCMR 838, 2015 PLC (CS) 819, 2007 PLC 350 ref. JUDGMENT Through the instant writ petition, the petitioner, Khwaja Rauf Segal, impugns the order dated 31.12.2018 passed by the learned Full Bench of the National Industrial Relations Commission (“N.I.R.C.”) whereby his appeal against the order dated 08.08.2017 passed by the learned Member, N.I.R.C., was dismissed. Vide the said order dated 08.08.2017, the learned Member, N.I.R.C., had dismissed the petitioners petition…

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