Law:

Section:

Keywords: Right Of Appeal, Petitioner, Dispute, Notice, Ouster Clause, Tramways, Exception, Collective Bargaining Agent, Notification, Petition, Issuance, Jurisdiction, Qualifications, Grievance, Want Of Jurisdiction, Conditions Of Service, Government, Commercial Employment, Orders, Preamble, Conditions, Leave, Right Of Appeal, Costs, Ouster, Interpretation Of Statutes, Charge-Sheet, Methods, Procedure, Maintenance, Interpretation, Special Rights, Provisions, Ancillary, Period, Labour Court, Termination Of Service, General Provisions, Show-Cause Notice, Place, Order, Remedy, Grievance Petition, Director, Disposed Of Result: Petitions dismissed JUDGMENT These two constitutional petitions, namely, Petitions Nos. 670 and 671 of 1973, arise out of a common order passed by the Sind Labour Court, Karachi. The former has been filed by the Pakistan Machine Tool Employees' Union as the Collective Bargaining Agent, while the petitioners in the latter are the 21 employees of the factory, who have been dismissed from their services on charges of misconduct. Both these petitions will be disposed of by a common judgment. , The circumstances giving rise to these petitions are as follows: 1. The Pakistan Machine Tool Factory remained closed from the 23rd of September 1972 till the 8th October 1972, because of an industrial dispute between the employer and the employees. On the 28th of September 1972, the provisions of the Pakistan Essential Services (Maintenance) Act. 1952, hereinafter called the Act, came to be applied to this Factory by Gazette Notification No. S. R. O. 972 (1)/72 dated the 28th September 1972. On the 9th of October 1972, when the Factory opened, a notice was found to be put, up on the Notice Board of the Factory, suspending a number of workmen on charges of misconduct. The charge-sheet was sent to the workmen at their local addresses. 2. It is alleged that most of them happened to be out of station as they had left for their own native places. As a result of an ex parte inquiry, the petitioners were dismissed from service without even a second show-cause notice. 3. The petitioners submitted a grievance petition under section 25-A of the Industrial Relations…

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