' BASHIR AHMED MEMON (MEMBER).--- The present petition was brought by the petitioner before this Bench of Commission on 23-4-2011 alleging certain acts of unfair labour practice on the part of respondents and he stated that due to his trade union activities he was being targetted and was served with baseless and unfounded charge-sheet dated 6-1-2011. The petitioner has prayed for restraint order but while admitting the petition it was observed that the petitioner was working as Associate Engineer and the charge-sheet served, upon him was under KESC Services Policy 2010, as such the undersigned avoided to pass any restraint order.
2. However, the petition was admitted and notice was issued to the respondents who appeared through Mr. Faisal Mahmood Ghani, learned counsel and filed comments/preliminary legal objections and counter-affidavit etc. Denying any act of unfair labour practice and the respondents specifically took the plea that the petitioner was working in the management cadre as such this Bench of Commission was not competent to entertain the present petition under section 25(8)(g) read with section 17 of the IRA, 2008 which deals with the cases filed by the workman.
3. I have heard arguments of both the learned counsel for the parties and have gone through the entire documents produced by them and I have also perused the case referred by both the learned counsel.
4. It has been brought to the notice of this Bench of Commission that after admitting the present petition, the services of the petitioner _ were terminated after holding of an inquiry and such termination order has also been placed on record as Annex.R/3. Since the petitioner stands terminated from service, therefore without going into the merits and demerits whether the petitioner was being targetted due to his trade union activities, whether the petitioner was workman or an officer could not be considered because the petitioner has already been fired upon and only legal course for the petitioner open now is to approach proper forum for setting aside termination order.
' In view of above observation, the petition stands disposed of as having become infructuous.