Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.22 A(8)(g) & 22 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 Allegation of unfair labour .practice by employee Appeal before National Industrial Relations Commission Appellants/employees were charge sheeted for allegations of misappropriation/embezzlement of huge Government money which allegations were also subject matter of criminal cases registered against them Employees filed petition under S.22 A(8)(g) of Industrial Relations Ordinance, 1969 against issuance of the charge sheet alongwith stay application contending that they had been proceeded against with the object of punishing them for their lawful trade union activities Member of National Industrial Relations Commission dismissed the petition holding that there was nothing on record to show that proceedings against employees were initiated because of their trade union activities Member of the Commission further found that employees having been charged with misappropriation/embezzlement of huge amount of Government money, unless case against them was investigated, Management could not reach the conclusion regarding charge against them Validity Employers had a right to initiate disciplinary proceedings against employees on charge of misconduct Issuance of charge sheet and holding of enquiry to find out whether charge levelled against employees was correct or not, was statutory requirement Employer having initiated disciplinary proceedings, could take them to logical end and employees could not be permitted to frustrate/circumvent such proceedings by simply pleading victimization on account of trade union activities unless they placed on record sufficient material to show that action being taken against them was motivated by their lawful and legitimate trade union activities In view of grave nature of misconduct alleged against employees, their petition against initiation of disciplinary proceedings against them was rightly dismissed by Member of National Industrial Relations Commission which…

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