2024 PLP 125 (PLC)

ABDULLAH BALOCH, J.

This Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred as "the Constitution") carries the following prayer: "It is, therefore, respectfully prayed that in view of the above facts and circumstances the impugned order dated 04-10-2021 passed by learned National Industrial Relations Commission Quetta Bench, Quetta may kindly be set aside and verbal directions as well as the directions given by the respondent No.3 in text message may kindly be set aside and this Hon'ble commission may kindly be direct the respondents to allow the petitioner to continue his services, it is further prayed that in alternate the petition be remanded to the learned trial Commission to take evidence and to decide the petition on merits, in the interest of justice, equity and fairplay."

2. Relevant facts for disposal of the instant petition are that the petitioner No.1 filed a petition under Section 33 of Industrial Relations Act (IRA), 2012 against the respondents before the Member National Industrial Relations Commission (NIRC) Quetta Bench, Quetta with the averments that he was appointed as Sales Executive in Quetta on 27th May 2019 from day first the petitioner worked hard and achieved his all targets, which were assigned to him by the respondent company in this regard the management of Company has issued appraisal letter and increased the salary of petitioner, vide letter dated 3rd February 2020. Meanwhile, the respondent company being satisfied from the services of petitioner, confirmed his services, vide confirmation letter dated 18th February 2020; that on 7th June 2021 the respondent No.3 visited the office of petitioner and directed the petitioner to visit Kharan and Dalbandin on 8th June 2021; after meeting, the petitioner was going to home on his bike and received a phone call while talking on cell phone his mobile was dropped from his hand and fell down on the earth and the cell phone of petitioner went out of order and the petitioner given his cell phone for repair and on 8th June 2021 the petitioner as per the directions of respondent No.3 proceeded to Kharan and spent two days, but without cell phone; from where he also placed the order of Kharan about Rs.200,000/- and from Kharan the petitioner proceeded to Dalbandin and returned back on 12th June 2021; that the respondent No.3 given a fake reports against petitioner to respondent No.2 being personal due to reasons best known to him, thereafter the respondent No.3 trying to harass the petitioner and finally directed him to submit his resignation and stop work, subsequently the petitioner sent a grievous petition on 7th July 2021, but no reply was given by the management; that the petitioner has apprehension that the respondent No.3 with collusion of respondents Nos.1 and 2 will terminate the services of petitioner at any time, while the petitioner is permanent employee of the company.

3. The petition filed by the petitioner before the learned Member NIRC Bench, Quetta was contested by the respondents by means of filing rejoinder. After hearing the parties the petition of petitioner was rejected, vide impugned order dated 4th October 2021. Being aggrieved the petitioner assailed the order dated 4th October 2021 before the learned Full Bench of NIRC, but due to non-availability of full Bench the petitioner filed the instant Constitutional Petition.

4. Heard learned counsel for the parties and perused the record, which reflects that an undated text message was issued by the respondent No.2 to the petitioner, wherein the petitioner was directed to submit his resignation. Consequently, the petitioner on receipt of said text issued a grievance notice to the respondents (employer) through email and requested for withdrawal of said notice. However, thereafter the respondents kept silent until the petitioner preferred a grievance petition under Section 33 of IRA, 2012 before the learned NIRC Quetta, which was contested by the respondents, but unfortunately the learned Single Bench NIRC, Quetta without adverting to the merits of the case dismissed the grievance petition of the petitioner in a summarily manner without providing opportunity to the petitioner to prove its case by leading evidence. Even otherwise, the learned Single Bench NIRC, Quetta has failed to frame issues out of the pleadings of the parties and record evidence. Thus, in absence of any evidence, it could not be ascertained that:

1. Whether any show-cause notice was issued to the petitioner?

2. Whether any termination letter was issued to the petitioner in terms of his appointment letter even otherwise governed under the Labour Laws?

3. Whether any grievance notice issued by the petitioner to the employer?

4. Whether any decision was taken by the respondents / employer? The answers of all such questions are missing in the impugned judgment of NIRC, which resulted miscarriage of justice with the petitioner and the petitioner was condemn unheard. For the above reasons, the petition is partly allowed and the impugned judgment dated 4th October, 2021 passed by the learned Member NIRC, Quetta is hereby set aside and the matter is remanded to the learned Member NIRC Quetta with directions to decide the same afresh in accordance with law after providing full and fair opportunity to the parties to lead evidence in support of their contentions. MQ/166/Bal. Order accordingl