Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)--- ----S. 46---Constitution of Pakistan, Arts. 10A & 185(3)---Inquiry proceedings, witnesses of---Worker's right of cross-examining witnesses---Right to fair trial---Due process of law---Worker not afforded opportunity to cross-examine witnesses during inquiry--¬Effect---Dismissal order of worker converted into stoppage of increments for three years--- Worker, who was performing his duties as a cashier at a Bank, was dismissed from service on the allegation of embezzlement/misappropriation---Labour Court ordered worker's reinstatement in service on the ground that during the inquiry proceedings conducted by the employer-Bank six witnesses were produced, but the worker was allowed to cross-examine only one such witness---Appellate Tribunal maintained reinstatement order passed by Labour Court but ordered stoppage of worker's increments for three years---High Court maintained order passed by Appellate Tribunal--¬Validity---Perusal of the record revealed that the worker had not been afforded reasonable opportunity of defending himself as it was quite evident that six witnesses were produced during the inquiry, but the worker was afforded the opportunity of cross-examining only one witness---Opportunity of fair trial had not been afforded to the worker by depriving him his right of cross-examining the witnesses as such it could be held that principles and procedures of due process of law and fair trial had not been followed, which were against the principles of natural justice---Supreme Court maintained orders passed by Appellate Tribunal and High Court and observed that it was the prerogative of the management of the employer-Bank to decide the designation/ posting of the worker in accordance with their norms and indoor management. Muhammad Ataullah v. Islamic Republic of Pakistan and 2 others 1999 SCMR 2321 ref. (b) General Clauses Act (X of 1897)--- ----S. 6---Enactment repealed by any Central Act---Effect of repeal--¬Scope---Section 6 of the General Clauses Act, 1897, operated in such a manner that it allowed for the effect of an enactment repealed by any Central Act to continue even after such…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492