Law: Industrial Relations Ordinance, 2002

Section: 46

Industrial Relations Ordinance (XCI of 2002)--- ----S.46---Grievance petition---Mechanical Helper---Allegation of misconduct---Termination from service---Back benefits, grant of---Employee was terminated from service against which grievance petition was accepted by the Labour Court without back benefits but Labour Appellate Tribunal remanded the matter for decision on merits including point of maintainability of grievance petition---Validity---Employee company had failed to get examined the complainant and star witnesses of alleged incident---Evidence of said witnesses was necessary to corroborate the respondent's case had examined only Inquiry Officer before the Court but no reliance could be placed on his evidence as he was not eye witness of alleged misconduct---Withholding of star witnesses would create an impression that the said witnesses if produced might not have supported the employer's case---No opportunity during domestic inquiry had been provided to the employee to produce his witnesses---No reliance could be placed on the inquiry report in circumstances---Employer company had failed to prove that employee during dismissal period remained in gainful employment---Employee during dismissal period did not remain in gainful employment, in circumstances---Service of employee had been terminated illegally and he was entitled for reinstatement with all the back benefits---Impugned order passed by the Labour Appellate Tribunal was set aside and grievance petition was accepted as prayed for---Constitutional petition was allowed, in circumstances. Dilkusha Enterprises Ltd. v. Abdul Rashid and others 1985 SCMR 1882; Muhammad Bashir v. Chairman, Punjab Labour Appellate Tribunal and others 1989 SCMR 1095; Gul Habib v. Federation of Pakistan and another 1988 PLC 645; Allied Bank of Pakistan Ltd. v. Punjab Labour Appellate Tribunal and others 1980 PLC 42; Zafrullah Khan Bajwa v. Punjab Labour Appellate Tribunal, Lahore and 2 others 1991 PLC 490; National Bank of Pakistan v. Sindh Labour Appellate Tribunal, Karachi and 2 others 1992 PLC 94; Abdul Ghani v. The M.P.O., WAPDA, Lahore and others 1969 PLC 48; Akram Khan v. Messrs Kohat Textile Mills Ltd., Kohat 1973 PLC…

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