Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S. 22 A(8)(g) West Pakistan Industrial. and Commercial Employment `(Standing Orders) Ordinance (VI of 1968), S.O. 15(2)(b) Misconduct Right of employer to hold enquiry Employer had right to issue charge sheet and to hold enquiry into charges of misconduct which was prerogative of employer which could not be taken away on allegations of unfair labour practice or on pretext of trade union activities No bar could be imposed on the employer, that he could not hold enquiry against any office bearer or member of trade union, guilty of misconduct No licence could be given to employee who was an office bearer to commit misconduct, misappropriation, embezzlement, during his service and employer was not helpless to proceed against said employee Employer had a guaranteed right to deal with case of misconduct in accordance with law and rules applicable to employee subject to conditions that there should not be any element of mala fide or unfair labour practice or victimisation/discrimination against employee Employers were well within their legal right to proceed with cases et misconduct, committed by employee and National Industrial Relation, Commission had no right to sit as an Inquiry Officer over the affairs of establishment which were purely of administrative in nature National Industrial Relations Commission had to see only whether an unfair labour practice on basis of trade union activities of employee had been committed or not. (b) Industrial Relations Ordinance (XXIII of 1969) S. 22 A(8)(g) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(b) Misconduct Dismissal from service on allegation of misconduct and misappropriation Employee was dismissed from service after issuing him show cause notice and holding enquiry against him on allegation of misappropriation of wheat filled bags under charge of employee at relevant time Employee was given opportunity to defend him in enquiry proceedings and charges levelled against employee had stood proved Employee had failed to produce or record any evidence to show that he had been victimised due to his trade union…

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