Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15 & 22-A(8)(g)---Unfair labour practice---Charge against employee who was General Secretary of the Trade Union was that Union Office taken at a rent by employer was illegally used by employee for his own residence instead of Union office---Raid was conducted by team of F.IA. headed by Magistrate and found employee illegally using said office as his own residence for the last 10/12 years ---F.I.R. was lodged against employee and employee got bail from the competent Court---Pending criminal case against employee charge-sheet was served upon him and show-cause notice was also issued--­Allegations of misconduct against employee on basis of which charge-sheet was served upon him were mere allegations until and unless same had been proved in Competent Court---Charge-sheet served upon employee was premature and could only be served upon him after decision of case pending against him in Criminal Court---Employer, thus were restrained from termination/dismissal/discharge or removal from service of employee till final decision in criminal case pending against him in Competent Court---Operation of show-cause notice was ordered to remain suspended till decision of Competent Court. Muhammad Kashtoonish Khan for Petitioner. Zafar Mahmood for Respondents. Date of hearing: 18th June, 1995. ORDER This is a petition under section 22-A(8)(g) of the I.R.O., 1969 wherein the petitioner contends that he is an employee of the establishment of Utility Stores Corporation of Pakistan and is also the General Secretary of the Muttahida Workers' Union at the Regional Office, Abbottabad. It is contended that the said union is also the Collective Bargaining Agent for the establishment of Utility Stores Corporation of Pakistan, Abbottabad. It is further contended that the respondent is always annoyed with the lawful trade union activities of the petitioner and is bent upon victimisation to the petitioner through unfair labour practice. It was contended that the management/respondent has planted a fabricated case against the petitioner that the union office was illegally used for the residence and Rs.1,500 received each month by…

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