Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969).. ---S- 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(4)--Misconduct--Charge-sheet--Unfair labour practice--Issuance of charge-sheet and holding of inquiry not an offence of unfair labour practice--Issuance of a charge-sheet to a worker, suspected of having committed a misconduct, a statutory requirement and could not be done away with or quashed on ground that charge-sheet had been given mala fide or on account of trade union activities of worker--Any final order passed on charge­-sheet could be held good or bad in law which could be quashed or otherwise. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(4)--Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2--Stay application--Petition brought against issue of charge­-sheet and making inquiry alongwith application for stay of order of employer to issue charge-sheet and start inquiry--Petition dismissed being an attempt to thwart legal requirement--Application for staying operation of impugned order also dismissed. ORDER The relevant facts for the disposal of both these petitions are that Ismatullah Khan Khattak was issued a charge-sheet by his employer the Wyeth Laboratories. The NIRC had in effect directed through its order dated 15-8-1985, that it confirms its order requiring that final action be not taken against him in regard to the charge-sheet issued till the final decision of the main petition, as the respondent's order was issued due to petitioner's trade union activities. 2. The petitioner has to go to the factory daily for getting his attendance marked. He was going to the factory on 23rd September, 1985 at 7.30 a.m. when the petitioner was got hold off by the Goondas employed in the factory and was beaten lavishly. He lodged a report with the Police the same day. 3. On 1-10-1985 he was issued a charge-sheet by the respondent alleging that on the 23rd September, 1985 he came to the factory gate for marking his attendance and abused two security guards, a senior mechanic…

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