' BASHIR AHMED MEMON, (MEMBER).---The petitioner named above has brought this petition under section 25(8)(g) of the IRA, 2008 and along with it has filed application under Regulation 32(2)(c) of NIRC(P&F) Regulations, 1973 against the respondents.
2. While admitting the petition notice was issued to the respondents. Respondents entered in appearance through their counsel and filed written reply with preliminary legal objections and counter affidavit.
3. The respondents have asserted that prior to filing of this petition the petitioner was dismissed from service vide his dismissal order dated 7-10-2009, which was received by the petitioner on 8- 10-2009, therefore this petition has become infructuous and is liable to be dismissed.
4. I have heard arguments of both the learned counsel for the parties and have gone through the material placed on record.
5. The present petition was filed before this Bench of Commission on 13-10-2009. According to respondents the services of the petitioner were already terminated/dismissed before filing of present petition i.e, on 7-10-2009. The respondents have produced the copy of dismissal order of the petitioner which shows that the same was received by the petitioner through courier service and registered post on 8-10-2009 and 9-10-2009 and also received by the petitioner. In this way it is crystal clear that at the time of filing of the present petition, the petitioner was not in the employment of the respondents Bank and his dismissal has already taken effect therefore the relief sought by the petitioner could not be granted by this Bench of Commission in these proceedings because such powers for reinstatement could only be exercised in case of awarding punishment for unfair labour practice and not case of acquittal of the charges. Reliance is placed on 1990 PLC 599 and 1981 PLC 1342.
6. It will be worth to mention here that the present petition was filed by the petitioner before this Bench of Commission on the ground that, during the election proceedings of the union, respondents management has threatened for victimization of the petitioner due to this involvement in trade union activities. Admittedly the elections of the union have been held by the Commission, therefore there remains no any cause of action to the petitioner, therefore on this ground also the petition has become infructuous and is not maintainable.
' In view of above facts and circumstances the petition is not maintainable which accordingly stands dismissed.