Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 15 & S.Os. 15 & 22-A(8)(g)---Unfair labour practice on the part of employers---Employees were served with charge-sheet and were placed under suspension in consequence thereof on charge of committing "gross misconduct"---Employees were required to 'submit their explanation--­Employees fully participated in domestic inquiry in which they were found guilty of charges---Disciplinary proceedings against them were in progress and management had yet to announce final order, but before that employees had challenged disciplinary proceedings against them by filing petition before National Industrial Relations Commission---Initiation of disciplinary proceeding was routine matter of Industrial and Commercial Establishments and it would not lead to any presumption of unfair labour practice on the part of employers, as employer was duty bound to initiate such proceedings in case of delinquencies because maintenance of discipline was sole responsibility of .employer---Even if there was any illegality or irregularity in charge-sheet, show-cause notice or explanation letter, it could not attract provisions of S.15 of the Ordinance---To hold an enquiry against its employees is the right of employer which could not be curbed or taken away, merely because employee happened to be an office-bearer of Union---Issuance of charge-sheet to a worker found guilty of misconduct, was prerogative of employer and N.I.R.C. was not vested with any power to stay disciplinary proceedings against a workman, even if such workman happened to be office-bearer of Union---If an action is taken against a defaulting worker on account of his misconduct, he could not take shelter under trade union activities---Issuance of charge-sheet to a worker found guilty of misconduct, was statutory requirement under S.0.15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and it could not be done away with or quashed even on ground that charge-sheet had been made against employee mala fide and had been issued on account of his trade union activities---Even if it was so issued, it would be final order passed…

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