' This order will dispose of above-titled petition filed under the proisions of section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 (hereinnafter called the I.R.O.) wherein the petitioner is an employee of the estalishment of Northern Areas Government Transport Corporation, as mecanic and is also a member of the Pakistan Peoples Workers' Union (NACO), Islamabad. It is submitted that the Pakistan Peoples Workers' Unin (NATCO) is a duly registered trade union, for the said establishment, by the Registrar of Trade Unions, Islamabad. It is contended that due to perirmance of lawful trade union activities by the petitioner, the respondents have started victimization, thereby issuing a baseless charge-she dated 6-7-1995, in consequence whereof an inquiry was also constituted vide order dated 30-7-1995. It was submitted that the respondents intend to illegally and unlawfully dismiss or terminate the services of the petitioner and this act constitutes unfair labour practice within the meaning of section 15 of the I.R.O., 1969. Considering such vehement the petition was regitered and interim injunction was granted in favour of the petitioner on 39-1995.
' The petition was strongly contested by the respondents by way of filing of vritten statement and the rejoinder to the stay application wherein certain preliminary legal objections as to the maintainability of the petition were also raises.
3. I have heard the learned counsel for the parties and have also considered the documents filed on record.
4. It is an admitted feature of the case that the petitioner is an employee, as Mechanic and is also a member of the Pakistan Peoples Workers' Union (NATCO), Islamabad. It is further an admitted feature that the Pakistan Peoples Workers' Union (NATCO), Islamabad is a registered trade union with the Registrar of Trade Unions, Islamabad. The objection of the learned counsel for the respondents that this Commission has got no jurisdiction as the provisions of I.R.O., 1969 are not applicable to the Northern Areas, is without any basis as the provisions of I.R.O., 1969 have been extended to the whole of Pakistan by virtue of the provisions of section 1 of the I.R.O., 1969 and the territory of Pakistan has also been defined under the Constitution of Islamic Republic of Pakistan, 1973 which duly includes the Northern Areas. Besides the establishment is spread over different parts including Islamabad and that is why the union has also been registered for the entire establishment by the Registrar of Trade Unions, Islamabad, therefore, this objection is discarded.
5. As already discussed above the status of the petitioner as a member of Pakistan Peoples Workers' Union (NATCO), Islamabad, cannot be denieiby the respondents and his trade union activities are also not disputed. The counts of the show-cause notice dated 6-7-1995 do not disclose any time, place or occasion nor it disclose that what misconduct was committed by the petitioner It is also silent about the rules of the respondents' establishment whichare allegedly violated. It also does not disclose that whether Malik Naseer Akim, who is Storekeeper, can lawfully issue instructions to the petitioner and whiter the petitioner was required to obey the same.
Besides, the same do not and ate any criminality in the disorderly behaviour of the petitioner which w; a necessary element for the constitution of act of misconduct as held by Hon'ble Karachi High Court in reported case No, 1990 PLC 373. Furthermore, in the reply dated 11-7-1995 submitted by the petitioner to the show-cause note, indicates that the petitioner has totally surrendered and was ready and willing to fulfill his duties and directions, irrespective of their illegality. Furthermore the inquiry proceedings conducted against the petitioner are violative of the provisions of Standing Order 15(4) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, whereby an indepenent inquiry is required and whereas admittedly, the inquiry constituted against the petitioner include a member of the rival union, therefore, I have reached to the safe conclusion that issuance of charge-sheet dated 6-7-1995 and all the subsequent proceedings on the basis thereof, are an act of unfair labour pratice and therefore, the charge-sheet dated 6-7-1995 issued to the petitions is quashed. The respondents are permanently restrained from taking any action on the basis of the same against the petitioner and is also generally restrained tom committing any other act of unfair labour practice against the petitioner in future. The petition being accepted is disposed of without any orders as to costs.