Law:

Section:

Industrial Relations Act (IV of 2008)-------Ss. 41 & 54(3)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(g) & S.0.15(4)---Discharge from service---Grievance petition---Appeal---Employee was appointed, subject to the condition that his education certificate/conduct would be verified; and in case any irregularity was found, his service would be terminated without any notice---Educational certificates of the employee revealed that he had produced bogus certificates---Employee, in circumstances, was discharged from service with immediate effect---Counsel for the employee had argued that provisions of S.0.15(4) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, had not been complied with while passing the impugned order---Validity---Employee was charged for an offence which was graver in nature and of moral turpitude--Fact finding inquiry in which employee duly participated, showed that his certificates were bogus, employee, in circumstances was not required to be dealt with under S.O.15(4) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Appointment of employee, based on fraud and bogus documents, was void ab initio---Even otherwise, such a man deserved no leniency and had rightly been dealt with both by the departmental authorities and Labour Court. Waqar Ahmad Seth for Appellant. Shakeel Khan Gillani for Respondents. Date of hearing: 13th December, 2010. JUDGMENT ABDUL AZIZ KUNDI, J.---Izzat Khan Ex-Electric Muawan/ Power Van aggrieved of the judgment and order dated 16-12-2009 passed by Presiding Officer Labour Court Peshawar, dismissing his grievance petition under section 46 of Industrial Relations Ordinance, 2002, has questioned the same through the instant appeal under section 54(3) of the Industrial Relations Act, 2008, praying for reversal of the said judgment and order and acceptance of his grievance petition. 2. Facts precisely stated are that appellant-petitioner was appointed as Electric Muawan/Power Van (BPS-1) by order, dated 2-3-2006 issued by Divisional Personnel Officer Pakistan Railways Peshawar (Exh.PW1/1) subject to the condition that his…

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