The petitioner has filed the instant petition under section 54(e) of the IRA, 2012 with the prayer to determine/adjudicate the act of unfair labour practice on the part of the respondents; restrain the respondents, their subordinates, agents, and representatives from committing further act of unfair labour practice including dismissal, termination, discharge, removal, suspen sion, retiring/compulsory retirement, send on special/forced leave and transfer or any act/action which adversel y affect the terms and conditions of employment of the petitioner on the basis of show cause notice dated 24-07-2012 or continuation thereof, suspend/st ay the operation of show cause notice dated 24-07-2012 till disposal of the main petition and may further be prayed that the show cause notice be set aside /quashed.
2. The brief facts of the case are that the petitioner jointed the respondent establishment in the year 1984 as Store man and thereafter he was promoted as Assistant Store Keeper and then he was designated as HSW -I. That the petitioner is performing his duties with zeal and zest and believes in healthy trade unionism. That the petitioner is active member and staunch supporter of Pakistan Steel Peoples Workers Union, the then CBA. That a show cause notice dated 24-07-2012 regarding some shortage of MNP Zinc Dross, by mentioning the amount therein despite of findings of the Investigation Committee that the petitioner is not involved or responsible for any shortage of such shortage. That the petitioner submitted his reply denying and refuting the allegations but his reply was not considered and an inquiry was ordered in the matter . That the respondents also a submitted a complaint to the SHO against the Manager , 'Assistant Manager and the petitioner to register the FIR against them but same was not entertained by the police, however , no action was taken against the main responsible persons yet the petitioner being dragged and made target due to his lawful trade union activities as a serio us act of unfair labour practice.
That the petitioner challenged the said proceedings in C.P. No. D-721/2013, wherein restraining order has been passed by the Honourable High Court of Sindh on 22-02-2013 that no coercive action be taken against the petitioner which is still operating in favour of the petitioner . That the petitioner serious apprehends unfair labour practice on the part of the respondents, who are bent upon to dismiss or termina te the petitioner from service on the basis of above mentioned show cause notice. Hence, the instant petition.
3. The contention of learned counsel for the petitioner is that the petitioner was employed in the establishment of respondents in the year 1984 as Store Man; that thereafter the petitioner was prom oted as Assistant Store Keeper and then he was designated as HSW -I; that the petitioner is active member and staunch supporter of Pakistan Steel Peoples W orkers Union, the then CBA, due to which the