Law:

Section:

Industrial Relations Act (IV of 2008)-------S. 25(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Petition against unfair labour practice by the employer and application for stay-Show­cause notice was issued by the employer to the employee for remaining absent from duty and after charge-sheeting the petitioner, disciplinary proceedings were started against her---Petitioner challenged said proceedings alleging that she was being victimized because of her Trade Union activities; and that the employers had decided to oust her from employment which amounted to act of unfair labour practice by the employers---Employers had produced copies of earlier show-cause notices and warning letters which had shown that employers had no ill-will against the employee---Employee was served with charge-sheet on the allegation of misconduct, inquiry was conducted against her; and according to inquiry report, she was found guilty of the charge and employers were to take disciplinary action against her---National Industrial Relations Commission, having no jurisdiction to interfere in the disciplinary proceedings, petition filed by the employee, was not maintainable---Employee having failed to establish a case of unfair labour practice against the employers, her petition and stay application were dismissed. 1990 PLC 662; 1987 PLC 547; 1987 PLC 675; PLD 1976 Lah. 158 and 1984 PLC 115 ref. M. Rafique Malik for Petitioner. S.M. Yaqoob and S.M. Iqbal for Respondents. ORDER BASHIR AHMED MEMON (MEMBER).--- The petitioner named above had brought the present petition under section 25(8)(g) of the IRA, 2008 and alongwith main petition the petitioner has filed stay application therein that she is employed with respondent and has spotless service career without any complaint by the superiors. There is Bayer It Pharma Employees Union and the petitioner is member of the said union but the said union was crushing lawful benefits of the workers as such during the month of June/July, 2009 decided to form another trade union and such union was formed in the name of Bayer Pakistan (Pvt.) Limited Workers Union and the said union has been…

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