Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---------- -----S. 25-A-Restoration of increment-Workman charge-sheeted for misconduct but despite opportunity afforded to him failing to participate in enquiry proceedings-Charge having proved, Manage­ment ordering punishment of Stoppage of increment for one year­--Workman found to have been afforded reasonable opportunity to show cause-Procedure prescribed in Standing Order 15(4) of Standing Orders Ordinance not required to by observed for awarding punishment of stoppage of increment-No right guaranteed to petitioner by or under any law violated in circumstances of case-Application :under S. 25-A dismissed. Muhammad Zaman Qureshi for Respondent. JUDGMENT Akbar Ali petitioner, was employed as Assistant Electrician in the establishment of the M/s. Grand Battries, Multan Road, Lahore. He was charged for misconduct and ultimately by the order of the employer, dated 6thMay, 1975 was awarded the punishment of stoppage of increment for one year with effect from Ist May. 1975. The petitioner after serving grievance notice on the respondent filed application under section 25-A of the Industrial' Relations Ordinance, 1969, seeking a direction against the respondent that he should not stop his increment as ordered by him. It has been pleaded in the application that the petitioner was not afforded opportuni­ty to appear before the Enquiry Officer and to participate in the enquiry proceedings and that order of stoppage of increment was illegally passed in an ex parte manner. 2. The respondent resisted the petition and pleaded inter alia that no right guaranteed to the petitioner under any law, settlement or award had been denied to him and therefore his application was not competent. It has also been maintained by the respondent that the petitioner intentionally and deliberately avoided to appear before the Enquiry Officer on more than one occasion on false pretexts. He was duly punished in accordance with law. The petitioner has examined P. W. 1 Nasar-ud-Din, P. W. 2 Muhammad Din and the petitioner himself has come into the witness-box as P. W. 3. P. W. 1 stated that no misconduct was committed by the petitioner. P. W. 2…

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