Law:

Section:

Industrial dispute- --- Dismissal for misconduct-Second show-cause notice-Requirement of -Domestic enquiry held-Enquiry report received by competent authority-Letter sent thereafter to accused workman by competent authority to submit any further evidence before him-Such letter, held, cannot be termed anything else than second show-cause notice Objection that no second show-cause notice was - given, in circumstances, held, not sustainable. Appellant in person. Noor Ahmed for Respondent. DECISION Two separate appeals have been filed by Abdul Hameed and Muhammad Shafiq, workmen. Nippon Bobin Company, Sahiwal, against the order, dated let January, 1974 dismissing their application under section 25-A of the Industrial Relations Ordinance, 1969, hereinafter mentioned the Ordinance. The appellants were attributed misconduct of inciting the workers for illegal strike and of persuading the workers to adopt the go-slow-policy in the dis­posal of their work in order to procure compliance of their demands. They were charge-sheeted by the Management and ultimately dismissed on 15th October, 1973 on the basis of the evidence produced against them. Previous­ly the applications were made to the Junior Labour Court and the appellants were re-instated in service with the direction that fresh enquiry might be made against them and the order of dismissal dated 15th October, 1973 was passed by the Management against them on the basis of the said order of the Court. Since both involve common question to be determined, the present decision will dispose of both the appeals. This case came up for hearing on 7th June, 1975 and it was found that the record of the domestic proceedings was not available on the file and the same was said to have formed a part of another connected case of Maqbool Ahmad v. Nippon Bobin Company, Sahiwal. This case was separately disposed of and was consigned, though the said proceedings were perused by Junior Labour Court for the disposal of the present cases of the appellants. A threadbare discussion was made on the material points for determination and it was found that domestic enquiry proceeded on proper lines. The appellants were duly charge-sheeted and…

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