Case Details

Citation(s)
1996 SLG 664 1996 SLD 664 1996 PLC 742
National Industrial Relations Commission
Cases Nos. 4-A(202) and 24(264) of 1995, decision dated: 6-06-1996
GOHAR YAQOOB YOUSAF ZAI, MEMBER

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MUHAMMAD SIDDIQUE, MECHANIC

VS

NORTHERN AREAS GOVERNMENT TRANSPORT CORPORATION through Deputy Manager, Islamabad and 3 others MUHAMMAD SIDDIQUE, MECHANIC Vs NORTHERN AREAS GOVERNMENT TRANSPORT CORPORATION through Deputy Manager, Islamabad and 3 other

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15, 22-A(8)(g)---Unfair labour practice by employer--Employee who was working as mechanic in the Establishment and also was member of registered trade union was issued charge-sheet and in consequence thereof an inquiry was also constituted---Issuance of charge-sheet had been challenged by employee alleging that same was baseless and that employer establishment had victimised him due to performance of his lawful trade union activities---Status of employee as a member of trade union and his trade union activities were not denied or disputed---Contents of show-cause notice issued to employee did not disclose any time, place or occasion nor it disclosed what misconduct was committed by employee--Show-cause notice was also silent about Rules of. employer-Establishment which were allegedly violated by employee---Besides, show-cause notice did not indicate any criminal act or disorderly behaviour on the part of employee which was a necessary element for constituting act of misconduct---Inquiry proceedings conducted against employee were violative of provisions of S.O. 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 as inquiry constituted against employee included a member of rival union---Issuance of charge-sheet to employee and all subsequent proceedings on basis thereof, thus were an act of unfair labour practice on part of employer-Establishment---Charge-sheet issued to employee, was quashed, in circumstances and employers were permanently restrained from taking any action on basis of such charge-sheet against employee. 1990 PLC 373 ref. ORDER This order will dispose of above-titled petition filed under the provisions of section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 (hereinafter called the I.R.O.) wherein the petitioner is an employee of the establishment of Northern Areas Government Transport Corporation, as mechanic and is also a member of the Pakistan Peoples Workers' Union (NATCO), Islamabad. It is submitted that the Pakistan Peoples Workers' Union (NATCO) is a duly registered trade union, for the said establishment, by the Registrar of Trade…
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