Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 49(4)(e) & 63---Awarding of major punishment of demotion---Unfair labour practice by the employers---Petition against---Petitioner, who was General Secretary of employees union, was demoted from the post of Assistant Accountant in BS-14 to Steno Typist in BS-12, issuing him show-cause notice, but without holding any enquiry against him--Order of demotion did not even indicate the period for which it would remain operative---Petitioner had challenged order of his demotion alleging that he had been punished squarely for his trade union activities---Employers had further advertised the post of Assistant Accountant, which was held by petitioner before his demotion, to be filled through direct recruitment---Notice was issued to employers for filing written statement to petition filed by petitioner against them---Management was directed not to fill vacancy earlier held by petitioner till the final disposal of main petition filed by petitioner---To the objection raised by employers with regard to jurisdiction of National Industrial Relations Commission to hear present petition, it was held by the Bench of Commission that Commission had jurisdiction to hear the petition---Objection of employers regarding limitation was also repelled---Validity---Law and justice demanded that an independent inquiry must be held to probe into the charges, levelled against an employee, but no inquiry was held against petitioner---Employers also failed to produce any witness in defence despite number of adjournments were sought for this purpose---Hostility of Management against petitioner was evident from pleadings---Case of petitioner on all fours fell under S.49(4)(e), read with S.63(1)(c) of Industrial Relations Ordinance, 2002---National Industrial Relations Commission, without dilating on technicalities and frivolous objections raised by both counsel, held that demotion of petitioner was due to malice developed by employers against petitioner for his involvement in trade union affairs---Impugned order based on mala fides, was thus set aside. 1993 SCMR 603; 2004 PLC (C.S.) 312; 2001 SCMR 1566; 1997 PLC (C.S.) 69; PLJ 2003 Tr.C.…

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