' BASHIR AHMED MEMON (MEMBER).--- This is an application under Regulation 32(2)(c) of NIRC (P&F)
Regulations, 1973, which has been filed by the petitioner along with his main petition under section 25(8)(g) of I.R.A., 2008.
2. The brief facts of the case as stated in the petition are that the petitioner is employed with the respondents as OG-III having duties of clerical and manual nature without having any power or authority as such he is workman/worker under I.R.A., 2008 and Standing Orders Ordinance, 1968 and presently he is posted in MCB Shah Faisal Colony-3 Brach, Karachi. He is active trade unionist being bona fide member of MCB Staff Union (CBA) and has taken fore front role in promotion of trade union activities, which are not liked by the respondents as the respondents have attempted to crush the trade union activities leaving no stone unturned to victimize the principal office- bearers and active members/supporters of the union on one pretext or the other as an act of unfair labour practice. The petitioner has statedlhavon 318-2002 he received a letter of explanation dated 27-8-2009 from Branch Manager, MCB, Shah Faisal Town, Karachi and he was required to submit his explanation regarding absence without prior intimation on 25-7-2009 and also he was required to explain as to why on 25-7-2009 he had misbehaved with the Branch Manager, Malir City Branch. Following this explanation letter the petitioner was served with a letter of charge dated 30-7-2009, which too was received by him on 3-8-2009 and he replied the charge-sheet dated 30-7-2009 under his explanation dated 7-8-2009, therefore, the petitioner claims that all the actions are being taken against him due to his involvement in trade union activities being strong supporter of trade union and he apprehends his transfer, removal, retrenchment or dismissal by way of unfair labour practice, therefore, the petitioner has approached this Bench of Commission apprehending some drastic action at the hands of respondents regarding his employment.
3. While admitting the petition on 13-8-2009 interim ptohibitory order was passed and notice was given to the respondents who have filed their parawise comments with preliminary legal objections and counter-affidavit against stay application denying the acts of unfair labour practice at their part. They have denied that the petitioner is member of MCB Staff Union as he was Officer Grade-III and this way he was excluded from becoming the member of any trade union. It was stated that on 25-7-2009 the petitioner had gone to MCB Malir City Branch along with some ex-employees of the Bank namely Muhammad Umar, Muhammad Imran and others 3-4 outsiders. They entered in the room of Mr. Abdul Moed Shaikh, Manager of Malir City Branch, used filthy language with him, abused him, physically attacked upon him severally, and beaten him freely with fists continuously for ten minutes despite his non-resistance. All this was witnessed by staff of Malir City Branch, customers of the Bank, and all this damages the excellent reputation and image of the Bank and due to these illegal and immoral acts the petitioner has been served with letter of charge and that respondents- - Management has no any against the petitioner due to his trade union activities.
4. I have heard arguments of both the learned counsel appearing on behalf of the parties and have perused the relevant record filed with the petition and I have also considered the case-law relied upon by the learned counsel appearing on behalf of the parties.
5. Admittedly the petitioner is Officer Grade-III and is not a workman/worker, as such he is debarred from invoking the jurisdiction of this Commission and this matter whether an officer can be member of any trade union or not has been finally decided by the Full Bench of NIRC in a Appeal bearing No,12(116 of 1998). Though there is case-law far and against but the decision of Full Bench dated 17-12-1999 referred above is in respect of MCB employees and the facts and observations are fully applicable to the present case. Moreover, the petitioner has failed to produce any proof regarding his membership in the shape of union subscription.
6. So far the allegation in letter of explanation that the petitioner was absent on 25-7-2009 without prior permission the petitioner has produced Photostat copy of leave application, which he had submitted to the Manager of MCB Shah Faisal Colony Branch on 27-7-2007 and it was received by the Manager and it bears signature and stamp of the said Manager, which means that allegation regarding absence of petitioner is finished. Now there remains only the allegation against the petitioner that on 25-7-2009 he misbehaved with the Manager, MCB Malir City. Branch, Karachi in presence of Bank staff, customers as well as security staff and police staff available in the Branch the Management of respondents is required to afford full opportunity of inquiry to the petitioner so desired and the matter be decided on merits.
' In view of above facts and circumstances I am of the considered view that the petitioner has failed to make out a case of unfair labour practice, as such his petition is not maintainable.
Accordingly I dismiss petition along with stay application under Regulation 32(2)(c) of NIRC (P&F)
Regulations, 1973.