Law: Industrial Relations Act, 2012

Section: 33,31

Industrial Relations Act (X of 2012) --- ----Ss. 33, 31 & 54(e)---Appointment on the basis of fake documents---Disciplinary proceedings, initiation of---Grievance petition---Maintainability---Unfair labour practice---Employee was issued show cause notice for submitting forged documents in connection with his employment---Grievance petition filed on behalf of employee was dismissed being not maintainable---Contention of employee was that he had been proceeded against due to trade union activities---Validity---Averments of grievance petition did not constitute an act of unfair labour practice---When no case of unfair labour practice had been made out from the contents of grievance petition then recording of evidence would be a futile exercise---Initiating disciplinary proceedings against a worker on account of misconduct was a legal right of the employer and restraining him from exercising such right would tantamount to pre-empting his decision which could not be a scheme of law---Issuance of show-cause notice did not mean that the case would be decided against the employee---Mere issuance of a show cause notice did not amount to adverse action---Nothing was on record that employee was involved in trade union activities which irked the employer or caused him to issue show-cause notice to him---Mere fact that employee happened to be a member/officer of a trade union would not give him a cause under S.31 of Industrial Relations Act, 2012 to invoke the jurisdiction of National Industrial Relations Commission---Disciplinary proceedings had been initiated against the employee on the ground that he had submitted forged documents---Issuance of show-cause notice and initiation of inquiry proceedings for just cause did not amount to an unfair labour practice---Grievance petition was not maintainable, in circumstances---Appeal was dismissed accordingly. Anwar Ali v. Chief Executive HESCO (WAPDA) 2009 SCMR 1492; M. Muzaffar Ali v. Chairman N.I.R.C and others 1991 PLC 876; Searle Pakistan Limited v. Full Bench, National Industrial Relations Commission 2002 PLC 87; Pakistan International Airline and others v. Tanveer-ur-Rehman PLD 2010 SC 676; Mrs. Anisa Rehman v. PIA and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492