Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----S. 33---Dismissal from service---Charge of misconduct---De-novo inquiry---Appointment of independent inquiry officer---Prerogative of the employer to appoint inquiry officer---Scope---Rude behaviour of the employee towards management---Effect---Employee alleged that inquiry was conducted against all canon of justice and equity and alleged bias of inquiry officer---Employee contended that his witness be cross-examined in his presence in the enquiry proceedings and then his statement be recorded---Employer contended that the employee had moved various applications just to frustrate the inquiry proceedings---Labour Court dismissed grievance petition of the employee---Validity---Employee had moved various applications for adjournment of inquiry proceedings, however, no employee from the entire factory came forward to corroborate the version of the employee---Employee boycotted the inquiry proceedings alleging that all the witnesses had supported the version of management which was not warranted under the law---Employee having not raised any objection against the inquiry officer during the inquiry proceedings, he was estopped by his words and conduct to level any allegation of lack of confidence in Inquiry Officer---Mere allegation of bias against Inquiry Officer would not be sufficient---Employer had prerogative to appoint Inquiry Officer from the management and the employee had not objected to such appointment at the relevant time---Demand of the employee of recording of his statement after the evidence of his witness was erroneous because witness of the employee had to corrborate his statement---Employee was dismissed from service after a just and fair inquiry as alleged misconduct was established in the inquiry---Punishment was the discretion of employer---No illegality or infirmity having been noticed, appeal of the employee was dismissed accordingly. 1986 PLC 63; 2006 SCMR 1010; PLD 2003 SC 952; 1988 PLC 808 ad 1984 PLC 1057 ref. 2007 PLC (C.S.) 348 distinguished. THIS JUDGMENT DELIVERED BY: JUSTICE (Retd.) CH. MUHAMMAD TARIQ, CHAIRMAN.--- This appeal has been directed against the impugned judgment dated…

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