Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 22-A(8)(g) & 22-D---Termination of service---Unfair labour practice by employer---Proof---Employee whose services were terminated for his absence without leave from duty, challenged his termination in his petition filed by him under S.22-A(8)(g) of Industrial Relations Ordinance, 1969 alleging that his services had been terminated as a result of his trade union activities which amounted to unfair labour practice by employer---Petition under S. 22-A(8)(g) of Industrial Relations Ordinance, 1969 was filed by employee about one year of getting knowledge of his termination and that delay in filing petition was not explained by employee---Record had shown that termination of employee was due to his unauthorised absence from duty and not on account of his lawful trade union activities---National Industrial Relations Commission, in circumstances, lacked jurisdiction and employee could seek remedy in Labour Court if he was aggrieved that proper procedure of enquiry or show-cause notice was not followed before his removal from service---Findings recorded by Single Bench of Industrial Relations Commission, based on no evidence, could not be maintained--­Order passed by Single Bench of Industrial Relations Commission on belated petition of employee, was set aside, in circumstances. Muhammad Bashir Mirza for Appellants. Sh. Abdul Hamid for Respondent. ORDER MUHAMMAD ZAMAN QURESHI (CHAIRMAN).----The Managing Director, House Building Finance Corporation has filed this appeal against Sajid Ali Cheema challenging the order dated 13-11-1996 of the Single Bench of this Commission whereby the appellant/respondent was directed to take the petitioner/respondent into service and thereafter if advised enquiry be held against him after providing full opportunity under the law to defend him. The brief facts of the case as mentioned in the petition by Sajid Ali Cheema are that the respondent/petitioner was employed in 1982 as P.S. on Sports basis. He started taking part in the union activities and to help the other employees due to which the management became inimical towards him. In October, 1990 he applied for ex-Pakistan…

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