Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 22-A(8)(g)---National Industrial Relations Commission (Procedure and Functions) Regulation, 1973, Regln.32(2)---Initiation of departmental/disciplinary proceedings--- Unfair labour practice by employer---Proof----Departmental as well as criminal proceedings were initiated against employee who was involved in a theft case--- Show-cause notice was issued to the employee and enquiry was ordered against him, but he, instead of facing enquiry proceedings, approached the National Industrial Relations Commission by filing petition under S.22-A(8)(g) of Industrial Relations Ordinance, 1969 and under Regln.32(2) of National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 for a stay order---Member of the Commission without recording evidence of parties and without affording any opportunity to parties to adduce evidence in support of their respective contentions, not only confirmed interim injunction, but also allowed main petition, simply on ground that accused/employee had been acquitted from charge of theft by Court of competent jurisdiction--- Validity---Acquittal of accused in a criminal case, was no bar to initiate departmental/ disciplinary proceedings against him on the charge of misconduct being proved---Single Member of National Industrial Relations Commission was not justified in holding that employee having been found not guilty by Court, he could not be found guilty by Enquiry Officer on basis of same evidence---Standard of proof and principles governing assessment/evaluation of evidence in a criminal case entailing sentence of imprisonment in case of conviction were quite different from those applicable to departmental/disciplinary proceedings for misconduct which could at the most result in punishment of dismissal/removal from service. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S.22-A(8)(g)---Industrial dispute---Jurisdiction of National Industrial Relations Commission---Disciplinary proceedings against employee---Right of employer---Inherent right of employer to initiate disciplinary proceedings against an allegedly delinquent employee and to decide…

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