| Citation(s) |
|---|
| 1998 SLG 1320 1998 SLD 1320 1998 PLC 348 |
National Industrial Relations Commission
Case No. 12(233) of 1995(L), decision dated: 29-11-1997.
MUHAMMAD ZAMAN QURESHI, CHAIRMAN, GHULAM NAUMAN SHEIKH AND BAHADER ALI, MEMBERS
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Case No. 12(233) of 1995(L), decision dated: 29-11-1997.
MUHAMMAD ZAMAN QURESHI, CHAIRMAN, GHULAM NAUMAN SHEIKH AND BAHADER ALI, MEMBERS
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PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
VS
MUBARIK ALI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)------Ss. 22-A(8)(g) & 22-D---Dismissal from service---Unfair labour practice by employer---Proof---Employee who was found guilty for lighting a cigarette as a result of which the whole kitchen was set on fire due to gas. which caused colossal loss to employer, was dismissed from service on grounds of negligence and misconduct after holding regular enquiry against him---Order of dismissal of employee had obtained finality as employee did not challenge that order in any competent forum---Employee filed petition before the Chairman of National Industrial Relations Commission for his reinstatement after about twelve years of his dismissal---Employee neither could establish that he was dismissed from service as a result of his trade union activities nor could establish unfair labour practice by employer through oral or documentary evidence---In absence of any material showing unfair labour practice of employer, National Industrial Relations Commission had no jurisdiction to entertain belated petition of employee--- Order accepting petition of employee for his re-instatement, was set aside in circumstances. PLD 1988 SC 53 ref. Syed Mumtaz Hussain for P.I.A.C. Asif Ali (Appellant's son) in person. ORDER MUHAMMAD ZAMAN QURESHI (CHAIRMAN).---We propose to dispose of the above appeal through this order which has been filed by Pakistan International Airlines Corporation against Mubarik Ali, assailing the order dated 19-7-1995 recorded by the then Chairman, N.I.R.C., whereby the petition filed by respondent Mubarik Ali was accepted and the appellants were directed to re-employ him in service from the date of order dated 19-7-1995. 2. An application was filed by respondent to the then Chairman, N.I.R.C. stating that he was working as a Baker in P.I.A.C. He was an active member of U.P.I.A.E. Union. At that time during Martial Law, he and his other colleagues were terminated. It was done at the instance of P.I.A.C.E. Union as the applicant had been taking part in the U.P.I.A.E. Union. In 1988 when new Government came in power, he made certain applications for reinstatement but remained unsuccessful although his other…
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