NOOR ZAM AN, M EM BER. The instant petition has been filed under section 31 of I.R.A., 2012, wherein the petitioner contended that he is working as Line Superintendent in respondent Company. That the petitioner was issued show-cause notice on 30-9-2018 and on 4-10-2018. The petitioner has been placed under suspension with immediate effect for the 3rd time and also been attached with Manager (Operation) IESCO Circle Chakwal for attendance purpose, the suspension of is illegal unlawful and a sort of punishment because petitioner has been directed to mark his attendance in Chakwal.
2. Learned counsel for the petitioner contended that the impugned order dated 4-10-2018 and 3-9- 2018 show-cause notice are vide ab initio, illegal, unlawful and an act of unfair labour practice on the part of employer. That no regular inquiry has been conducted in the instant case and the impugned show-cause notice dated 3-9-2018 is merely on the ground that the petitioner is trade unionist and office bearer of the trade union of his own choice but the management is annoyed with the petitioner due to his lawful trade union activities and prayed for acceptance of the instant petition.
3. Learned counsel for the respondent vehemently opposed the contention of the learned counsel for the petitioner and contended that the petitioner is LS-I in BS-16 therefore, the petitioner is not a workman as held by this Commission in Case No.4A (194)/2017. He further stated that no incident of unfair labour practice, therefore, the petition is not maintainable and liabel to be dismissed. The petitioner has not mentioned any cause of action and has not pointed out any of his trade union activity on which the respondent is annoyed.
3.(sic) Arguments heard and record perused.
4. Since the petitioner has failed to indicate any incident of unfair labour practice and that the inquiry against any employee on misconduct is prerogative of the employer which cannot be interfered as such. Learned counsel for the respondent in his reply stated that the charge sheet and show-cause notice issued to the petitioner have been withdrawn vide order dated 17-10-2018.
It is also an admitted fact that the petitioner has not submitted any proof regarding unfair labour practice on the part of employer nor mentioned any specific instance of his trade union activities, for which act the respondent establishment punishment him for the trade union activities.
5. In view of the upshot of the case the petition along with application and complaint is hereby dismissed. File be consigned to R.R. after due completion.