CH. SHAUKAT NAWAZ GORAYA (MEMBER).--- The complainant has brought this complaint under section 27 of IRA, 2008 against the respondents. It was contended that complainant was appointed as officer Grade-II in UBL on 16-3-2006. He was performing his duties as Manage at Fatima Jinnah Road Branch Sargodha. His services were terminated vide letter dated 7-11-2009 due to the reason that he implemented an order dated 21-9-2009 passed, in Case bearing No,4A(341)/09-L titled Zulfiqar Hussain Awan v. UBL.
2. It was alleged that respondent No,2 on 16-10-2009 asked the complainant to relieve respondent No, 7 from duty with direction to report at Noshera Branch. The complainant requested the respondent No,2 to supply the transfer order so that respondent No,7 could be relieved but respondent No,2 got annoyed and scolded the complainant and told that there was no need of any transfer order. On 16-10-2009 a transfer order dated 15-10-2009 was received in Fatima Jinnah Road, Branch signed and issued by respondents Nos.3 to 5. The respondent No,2 directed the complainant not to give any copy of the transfer order to the respondent No,7. The complainant after receiving transfer order dated 15-10-2009 prepared relieving order dated 16-10-2009. The respondent No,7 assailed the relieving order dated 16-10-2009 before this Commission. A temporary injunctive order was passed in favour of said Zulfiqar Hussain Awan and operation of the relieving order was suspended. It was further alleged that complainant has been thrown out of service vide order dated 7-11-2009 due to the reason that he complied with the orders of this Commission against the instructions of the respondents. It was prayed that respondents Nos.1 to 6 be summoned and proceeded against for committing of contempt of this commission and be punished in accordance with law.
3. The complaint was resisted by 'respondents Nos.1 to 6 as during the proceedings respondent No,7 was proceeded ex parte. The respondents Nos.1 to 6 raised certain preliminary objections. Inter alia it was contended that complaint was not maintainable because complainant was never a party in the case referred above bearing No,4A(341)/09-L titled Zulfiqar Hussain Awan v. UBL. No violation or disobedience of any order of this Commission as provided under section 27 of IRA, 2008 was committed. It was found proper to decide the point of maintainability first before proceedings on other merits of the complaint.
4. The arguments of the learned counsel for the parties on the point of maintainability of the complaint were heard and record perused.
5. The perusal of record shows that in the case which was referred by the complainant in his Complaint bearing No,4A(341)/09-L titled Zulfiqar Hussain Awan v. UBL he was never a party. The complainant has not pointed out that which order of this Commission was violated by the respondents and they committed the contempt. It will not be out of place to mention here that complainant has challenged his termination order by filing his grievance petition before learned Labour Court No,5, Sargodha. The above referred case of Mr. Zulfiqar Hussain Awan wherein alleged contempt was committed, was dismissed by this Commission vide order dated 28-1-2010. It was argued by the learned counsel for the respondents that no appeal against the said order has been preferred. As stated above, the complainant has already approached the learned Labour Court No,5 Sargodha for the redressal of his grievance. He cannot be allowed to take two parallel proceedings simultaneously to get the relief.
6. In the light of what has been stated above, it is held that contempt petition is not maintainable and cannot proceed therefore, same is dismissed accordingly. There is no order as to costs.
Complaint dismissed.