Case Details

Citation(s)
2001 SLG 2146 2001 SLD 2146 2001 PLC 186
National Industrial Relations Commission
Cases Nos.4 A(134) and 24(137)/K of 2000, decision dated: 26-08-2000.
ALLAH RAKHIO LEGHARI, MEMBER

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ABDUL SATTARBefore

VS

Messrs S.G.S. PAKISTAN (PVT.) LTD. Through Managing Director and 3 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.22 A(8)(g) & 27 A National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)(c) West Pakistan Industrial and Commercial Employment (Standing Orders; Ordinance (VI of 1968), S.O.15 Misconduct Allegation of unfair labour practice by employer Validity Appeal before National Industrial Relations Commission Employee was suspended after issuing him show cause notice and holding, inquiry against him on allegation of misconduct Reply to Show cause notice issued to employee having been found unsatisfactory employer conducted inquiry against him wherein he was found guilty and was suspended Such act of employer against employee could not be termed to be an act of unfair labour practice Employer under S.15 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was empowered to hold inquiry and take action against employee for act of misconduct after giving him show cause notice and holding proper inquiry against him Merely because employee was General 'Secretary of Workers' Union, was not sufficient to conclude that proceedings against him was due to his trade union activities Employer was well within its rights to take any action against employee for his misconduct and National Industrial Relations Commission had no power to sit in appeal and examine inquiry proceedings No specific instance of unfair labour practice of employer having been mentioned by employee in his petition, mere fact that employee was General Secretary of Workers' Union. was not sufficient to establish that action of employer against employee was an act of unfair labour practice. M.A.K. Azmati for Applicant AND .L. Shahani for Respondents ORDER The applicant has filed present petition under section 22 A(8)(g) of the I.R.O., 1969 read with N.I.R,C. (P&F) Regulations, 1973 whereby he has challenged his suspension order and order of the respondents appointing the Enquiry Officer to probe the allegation of misconduct. 2. It is the case of the applicant that he is the General Secretary of SGS Workers Front CBA in the establishment of respondents and that since 1994 the…
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