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1976 P L C 868 [Labour Court Punjab] Present: Malik Lehrasap Khan, Presiding Officer THE PRESIDENT OF PAKISTAN THROUGH VICE-CHAIRMAN, P. W. RAILWAYS versus ABDUL HAFEEZ Appeal No. 80 of 1974, decided on 9th July, 1975. Industrial dispute---- ---Dismissal for misconduct --Personal hearing by competent authority-Whether essential- Domestic enquiry held properly with full defence opportunity--- Show-cause notice issued-No request for personal bearing made with reply to show-cause notice-Show-cause notice reply duly considered-Absence of personal hearing in circum­stance, held, would not render dismissal order wrongful or illegal. Mahboob Ali Anwari v. The Secretary, Excise & Taxation Department, Government of Sind, Karachi and 2 others 1972 P L C 541 and Mrs. Saeeda Tasneem Ara v. The Province of West Pakistan and others P L D 1967 Lah. 112 ref. Taj Muhammad for Appellant. Abdul Hameed Awan for Respondent. JUDGEMENT Abdul Hafeez, respondent was employed as Semi-Skilled Fitter in the lifting Shop of C W Shop, Moghalpura. He was charged for misconduct inasmuch as, he was allegedly apprehended while stealing away Copper Wire belonging to the Railways by the Watch and Ward Staff on 19th May 1972. An enquiry was held into the charge and ultimately vide order of A. W. M. C. W. Shops, Moghalpura dated 18th October, 1972 the respondent was removed from service. 2. The respondent filed an appeal before the Appellate Authority which was rejected by the said Authority vide its order dated 21st December, 1972. On 29th August, 1973 the respondent filed an application before the Junior Labour Court No.1, Lahore under section 25-A of the Industrial Relations Ordinance, 1969 seeking his re-instatement. He challenged the validity of the order of his removal fro-n service on the ground that the enquiry held, against him was not properly conducted and that he was not given opportunity of personal hearing b5 'the competent authority. He also contended that after the rejection of appeal by Works Manager and the Divisional Superintendent he preferred an appeal before the Higher Authorities but no decision was taken on the said appeal. 3: The appellant resisted the respondent's…

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