Law:

Section:

Industrial dispute-- ----Dismissal for misconduct-Accused charged of organising illegal strike-Charge-sheet not indicating whether actually workers struck work at persuasion of accused-Charge-sheet, in circumstances, held, defective prejudicing accused in their defence-No show-cause notice even served-Dismissal order, in circumstances, held, not sustainable. DECISION The above. Dad two appeals have been filed on behalf of the Management of Sutlej Cotton Mills Limited, Okara, against the order dated 7th July 1974 separately passed by the learned Junior Labour Court, Multan directing re-instatement of the respondents namely Victor Masih and Ghulam Ali without back benefits. Since both the impugned orders are of common import and involve similar question to be determined the present order will dispose of both the appeals. It was alleged against the respondent that they organised illegal strike on 31st January ]973 and got the work struck for some time on that day by the other workers. They were charge sheeted and referred to the Personnel Officer Iftikhar Ahmad for an enquiry as a result of which they were reported to have committed the offence and they were ultimately dismissed from service. Two important defects have been noted in the domestic enquiry. Firstly it has not been made clear in the charge-sheet if actually the workers of the mills struck…

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