Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------S. 46---Form and requirement of grievance notice---No specific form or nature of grievance notice had been given by law---In absence of any such form, anything in writing could be considered as "grievance notice". 2009 PLC 160 and Abdul Razzaq v. Ehsan Sons 1992 PLC 424 rel. (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 46 & 47(3)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Dismissal from service---Grievance petition---Labour Court, without considering both enquiry proceedings and reports had admitted those as true and established facts, despite original complainant had not been examined---Employee was alleged to have levelled allegation against the Accountant, but said Accountant was not produced in the domestic enquiry in order to clarify the position---On the basis of such type of enquiry, major punishment could not be imposed on the employee---Employee had service of 24 years at the time of service of charge-sheet on him; and employers had not contended that employee's character was blemished; and that he was served explanation/show-cause/charge-sheet at a number of times, or he was warned earlier---By such kind of enquiry, no charge had been proved against the employee and he was entitled to be reinstated in service, in circumstances---Charge against the employee having not been proved, the findings of the Labour Court, were not in accordance with record and the evidence recorded by the Labour Court---Dismissal orders passed against the employee, were set aside and the prayer of the employee as in the grievance application, was allowed---Employers were directed to comply with the decision of the Tribunal within thirty days. S.M. Saulat Rizvi for Appellant. Shahid Anwar Bajwa & Co. for Respondents. Date of hearing: 24th November, 2011. DECISION ALI MUHAMMAD BALOCH (MEMBER).--- This appeal has been preferred under section 47(3) of the Industrial Relations Ordinance, 2002 filed before High Court of Sindh, Circuit Bench at Hyderabad, bearing # L.A. 106 of 2004 against the order dated 13-1-2004 passed by the learned Presiding Officer, Sindh…

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