Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------S. 48(3)-Revision application against order of the Labour Court declining to grant interim injunction to employee---Employee was charge sheeted for acts of alleged misconduct for levelling false allegations against senior executives of employer-Company in his speech during referendum compaign and issuing threats to catch one of senior executives by neck---Management of employer-Company not being satisfied with explanation submitted by employee, passed orders for holding an inquiry against him; he challenged said charge through grievance petition and along with said petition filed an application for injunction praying for restraining the Management from initiating any disciplinary action against him---Employee had alleged that since Management was nursing grudge against him, charge sheet and subsequent holding of inquiry against him was tainted with malice and that he would suffer irreparable loss if dismissed---Validity---Employee was to prove that charge-sheet issued to him and subsequent proceedings were initiated with ulterior motives, which would require recording of evidence; however, it could be said with certainty that initiating disciplinary proceedings against an employee on account of misconduct, was a legal right of the employer---Employer could not be restrained from exercising his right unless extraordinary exceptional circumstances were placed before the court---Restraining employer from initiating disciplinary action against employee would amount to pre-empting his decision which could not be the scheme of law as it could give rise to anarchy---Labour laws had adequately provided efficacious remedy to an employee against wrongful, illegal and arbitrary dismissal---Employee, after adjudication, could be reinstated and/or compensated---No question of irreparable loss existed as claimed by employee ---Protection had been provided to the employee and employers against the acts of unfair labour practice---Employee could approach an appropriate forum to seek remedy against victimization on account of trade union activities---In absence of any ground to exercise revisional power, revision application…

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