' ANWAR-UL-HASSAN (MEMBER).---This is an appeal under section 22-D of the I.R.O., 1969 against the order dated 11-3-1996 passed by the ex-learned Member of this Commission Mr. Gohar Yaqoob Yousaf Zai whereby the petition of the petitioner/respondent No, 1 was accepted and the appellants were restrained to terminate, dismiss or remove the petitioner/respondent No, 1 from his service and show-cause notice dated 2510-1994 and inquiry proceedings set aside by the learned Single Bench. Being aggrieved by this decision the appellant preferred this appeal.
2. The brief facts of this case are that the petitioner/respondent No, 1 being an employee of Pakistan Petroleum Limited as Helper at Adhi Oil Field, Gujar Khan, District Rawalpindi who is also Vice-President of P.P.L. Workers' Union Adhi Field and is enjoying the status of C.B.A. In the Establishment.
3. The petitioner/respondent No, 1 being Vice-President of the Pakistan Petroleum Workers' Union put their demands before the Establishment which annoyed the establishment and the establishment started victimization against the petitioner/respondent No, 1 by way of enquiry on the basis of show-cause notice, dated 25-10-1994. Consequently, the petitioner/respondent No, 1 approached the Commission by filing the petition bearing No, 4-A(218) of 1995 along with stay Application No,24(306) of 1995. The petitioner got the interim injunction on 20-11-1994 against the appellant which was later on confirmed in his favour and the parties were directed to produce their evidence.
4. We heard both the learned counsel for the parties at length. While admitting this appeal the learned Full Bench of this Commission has suspended the impugned order and on 5-5-1996 it was also brought into the notice of the Full Bench that suspension of the impugned order is defeated by filing another Petition No, 4-A(143)/96-K/24(296)96-K in which the petitioner/respondent No, 1 succeeded to get stay order which resulting miscarriage of justice by infracting the stay order granted by the Full Bench. The stay order dated 2-5-1996 granted in favor of the petitioner/respondent No, I was also suspended and the learned Member was called for comments. By getting both the stay orders suspended, during the intervening period, the appellant dismissed the petitioner/respondent No, 1 from his services.
5. Perusal of the file and statement of the parties reveals that the show-cause notice was served on the petitioner/respondent No, 1 and independent inquiry was conducted and opportunity was given to the petitioner/respondent No, I to cross-examine the witnesses but the petitioner/respondent No, 1 miserably failed to establish a good case in his A favour on the point of victimization by act of unfair labor practice under section 15 of the I.R.O., 1969. Though it is an admitted fact that the petitioner/respondent No, 1 is the Vice-President of the Pakistan Petroleum Workers Union but if guilt is proved against the office-bearers of a trade union he must be punished for it because the office-bearer of a trade union is not immune of law.
6. After our above discussion we are inclined to accept this appeal setting aside the order dated 11- 3-1996 and dismiss the Petition No,4-A(218) of 1996 along with Application No,24(306) of 1995. We also dismiss the application dated 5-5-1996 for suspending the order dated 2-5-1996 being illegal and not maintainable without filing any appeal in the matter. We leave the parties to bear their own costs.