This is petition under section 54(e) read with section 57(2) of the IRA 2012 filed by the petitioner with prayer to restrain the respondents from terminating/dismissing or transferring the petitioner or changing term and condition of his employment on the basis of charge-sheet dated 9.5.2016 and committing acts of unfair labour practice.
2. Brief facts of the petition are that the employed in the establishment since 01-01 -1990 as Cashier and is posted at Sindhi Muslim Housing Society , Karachi and by nature of duties he is a workman. The petitioner is active member of UBL Workmen Union (CBA), due which the management is against him and has served a charge-sheet dated 09-05-2016 upon him regarding authenticity of sale deed and existence of property , which was replied by the petitioner . Thereafter the respondents have served the petitioner with inquiry letter dated 28-05-2016 and have started pressure, victimization and threats of removal from employment by hook and crook, hence the petitioner apprehending some adverse action regarding his employment has filed the present petition.
3. Alongwith main petition, application for stay has also been filed by the petitioner .
4. The petition is contested by the respondents by filing the reply statement/comments, wherein they have raised preliminary legal objection regarding maintainability of the petition on the ground that initiation of disciplinary action is statutory and legal right of the employer it cannot be curtailed under the garb of unfair labour practice. Even otherwise the petitioner has levelled bald and general allegations with mala fide intention to justify the petition by alleging acts of unfair labour practice. Neither the unfair labour practice has been committed nor do the respondents intend to commit the same, therefore, the petition is not maintainable and is liable to be dismissed. On facts the respondents have denied the allegations and have stated that a charge-sheet dated 09-05-2016 was served on the petitioner on the ground that he availed Staff Housing Finance Facility of Rs. 631,400/- on fake sale deed of Flat No. 603, 6th Floor , Al-Mad ina Manzil Plot No. 273/A, Bihar Colony , Lyari Quarters, Karachi. The Authenticity of said proper was verified by the Bank CAD, which was reported as Fake Deed as no record of the said deed was available with concerned Revenue Authority Office. The petitioner was found dishonest and committed fraud and breach of trust reposed by the management, therefore, he was served with charge-sheet dated 09-05-2016, inquiry was conducted in which full and fair opportunity of defence was given to the petitioner , who participated in the inquiry . The respondents have prayed for dismissal of the petition on facts also. The stay application has also been replied.
5. Arguments heard. Record perused.
6. Contention of labour representative for the petitioner is that the petitioner is active member of UBL Workmen Union (CBA) and due to his trade union activities, the respondents are annoyed with him and have issued charge- sheet against him dated 09-05-2016 on fake and fabricated ground that he has obtained loan from the Bank on fake Sale Deed and the petitioner has given satisfactory reply , but the respondents instead of accepting the reply of the petitioner , they conducted a partial inquiry and there is apprehension that the respondents will impose major penalty upon the petitioner including dismissal from service on so called inquiry proceedings and report, which is nothing but an act of unfair labour practice because the petitioner is active trade unionist.
7. Conversely the learned counsel for the respondents has argued that through this petition, the petitioner wants to challenge the disciplinary proceedings under the garb of unfair labour practice although neither the petitioner is an active member of the union nor an office-bearer . It is further submitted that initiation of disciplinary proceedings and taking an action against a delinquent employee is right and prerogative of the employer , which cannot be curbed or curtailed by any forum including this Commission. The petitioner has been served with charge-sheet dated 09-05- 2016 on the ground that he obtained loan from the Bank on a fake and fabricated Sale Deed. This allegation was investigated and found to be correct. The petitioner instead of facing the inquiry proceedings approached this Commission through this petition alleging general and bald allegation of unfair labour practice, therefore, this petition is not maintainable and liable to be dismissed.
8. I have perused the entire petition and the material available on record. From the perusal of petition it reveals that petitioner has failed to mention any instance of unfair labour practice on the part of respondents. He also not produced any document to show that he was office-bearer of the said -union or was member of any bargaining committee of the union. Only terminology of unfair labour practice has been used to justify the petition to be filed before this Commission. Bald and wild allegation has been alleged which even otherwise have been denied by the respondents stating that they have neithe r committed any act of unfair labour practice nor do they intend to commit in future. The petitioner has been served with charge-sheet and inquiry was conducted against him. Now the petitioner is legally bound to face the inquiry proceedings before the Inquiry Officer. The Commission has no jurisdiction to sit over the function of an inquiry officer and to entertain all the grievance, which are not relatable to unfair labour practice but the jurisdiction of this Commission is confined to the cases of unfair labour practice and since the petitioner has failed to establish any act of unfair labour practice committed by the respondents, therefore, the petition is not maintainable. Reliance in this regard is placed on case titled Iftikhar Ahmed and others versus President, National of Pakistan reported in PLD 1988 SC 53 .
For the aforesaid reasons, I am of the considered opinion that the petitioner has failed to establish a case of unfair labour practice, therefore, the petition filed by him is not maintainable before this Commission, hence the same is hereby dismissed alongwith stay application with no order as to costs. File be consigned to record.