| Case ID |
0b85f8c1-8ec4-4fdd-85bb-1143a9615ea2 |
| Body |
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| Case Number |
No.7(535) of 1998 L and 4 A (456) of 1995 L |
| Decision Date |
May 06, 1999 |
| Hearing Date |
|
| Decision |
The petition was dismissed as not maintainable. The petitioner, a bank employee, was found guilty of misconduct after an inquiry and had failed to establish a prima facie case of unfair labor practice. The court reiterated that taking part in trade union activities does not protect an employee from disciplinary actions for misconduct. The employer's right to conduct departmental proceedings against an employee is upheld unless there is clear evidence of unfair labor practice. The termination of the petitioner's services was deemed valid as the employer acted within their rights. |
| Summary |
The case revolves around the termination of a bank employee, Nabi Bakhsh Bhatti, who was accused of committing fraud in collaboration with an ex-bank officer. Despite being an active member of a trade union, Bhatti's termination was upheld by the National Industrial Relations Commission due to misconduct. The court emphasized that engaging in union activities does not shield an employee from disciplinary actions for misconduct. The proceedings established that the employer acted within their legal rights, dismissing the notion of unfair labor practices without substantial evidence of victimization. The case highlights the balance between employee rights and employer authority in disciplinary matters, particularly in the context of labor laws. Keywords: unfair labor practice, industrial relations, employee misconduct, disciplinary action, labor law. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
N.B.P. Employees' Union
|
| Judges |
NABI BAKHSH BHATTI,
GHULAM DASTAGIR
|
| Lawyers |
Javed Iqbal,
Ch. Zafar Iqbal
|
| Petitioners |
NABI BAKHSH BHATTI
|
| Respondents |
NATIONAL BANK OF PAKISTAN, SHEIKHUPURA
|
| Citations |
2000 SLD 310,
2000 PLC 151
|
| Other Citations |
W.P. No. 21286 of 1996
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
15,
22 A(8)(g)
|