Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)Ss. 15 & 22A(8)(g)National Industrial Relations Commission (Procedure and Function) Regulations, 1973, Regln. 32Disciplinay proceedingsChallenge toSome of employees were facing disciplinary proceedings and showcause notice was issued to them by employer. on charge of having instigated workers of night shift to go on strike while others were being proceeded against for having gathered at factory gate and stopped work­Such disciplinary proceedings, which were initiated by employer against employees on charge of gross misconduct had been challenged by employees­Initiation of disciplinary proceedings was a routine matter of Industrial and Commercial Establishments and it would not lead to any presumption of unfair labour practice under S.15 of Ordinance, 1969Employer was duty bound to initiate proceedings in cases of delinquencies because maintenance of discipline was the sole. responsibility of employerEven if, there was any illegality or irregularity in chargesheet, showcause notice or explanation letter issued by employer to employees, it would not attract provisions of S. 15 of Ordinance, 1969To hold an enquiry against its employees was the right of employer which could not be curbed or taken away merely because employee happened to be an officebearer of UnionIssuance of chargesheet to worker found guilty of misconduct, was prerogative of employer and Commission was not vested with any power to stay disciplinary proceedings against worker, even if such worker happened to be officebearer of UnionIf an action was taken against a defaulting worker on account of his misconduct, he could not take `shelter under Trade Union activities because if no action was taken by Management pursuant to complaints of such nature, said activities would continue uncheckedService of showcause notice on employee on ground of misconduct, could not be treated as an act of unfair labour practice as taking part in trade union activities would not give a licence to an employee to commit misconductManagement, in circumstances, could not be restrained from further proceedings pursuant to showcause notice issued to employees­If any action…

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