Law:

Section:

(a) Industrial dispute--- -Domestic enquiry-Charge-sweet-Must be served by employer as defined in S. 2(c) of West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance, 1968-Labour Officer--Not an employer-Issuance of charge-sheet and appointment of Inquiry Officer, by Labour Officer, held, rendered entire proceedings as illegal. (b) Industrial Relations Ordinance (XXIII of 1969)------ --- S. 25-A (4)-Petition against dismissal of a workman-Signed by Secretary, Trade Union --Contention that it must have been signed by dismissed worker, in circumstances, rejected. Mirza Nazir Ahmad Naz for Petitioner. Waseem Ahmad Farooqi for Respondent. DECISION The petitioner, Muhammad Asghar was employed as a worker in the Crescent Jute Products Limited, Jaranwala. He was dismissed from service on 7-4-1976. He challenged the order of his dismissal in this petition filed under section 25-A of the Industrial Relations Ordinance, 1969. 2. The petitioner was arrested in a criminal casa on 2-3-76. On 8-3-76 he sent and application from jail for leave with effect from 2-3-76 till his release on bail, The copy of this application is Exh. P-1. No action appears to have been taken on this application. On 10-3-1976 a charge sheet was framed against him to the effect that he was absent without leave for 48 days during the period from 1-1-75 to 31-12-1975. On 13-3-1976 another charge-­sheet was framed to the effect that he was absent without leave for more than ten days with effect from 2-3-76. Both these charge-Sheets were sent at the home address of the petitioner. No reply was received. On 24-3-76 Mr. Akbar Abbas was appointed as an Inquiry Officer. After taking the ex parte proceed­ings the petitioner was found guilty on bath the counts by the Inquiry Officer. 3. The petitioner was released on bail on 17-3-1976. He reported for duty on 18-3-1976 vide application Exh. P-3. He was not allowed to resume duty. A second show-cause notice was served on the petitioner. He furnished his explanation Exh. D-9 on 31-3-1976. He denied the charges. He said that the case…

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