Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------- --- S. 2(c) read with Factories Act (XXV of 1934), S. 9(1)­"Employer"-Factory Manager also Manager Personnel and Administration-An employer. (b) Industrial Relations Ordinance (XXIII of 1969)------ -----Ss. 25-A & 37--Dismissal challenged-Plea that charge-sheet and show-cause notice served and order passed by person not an "Employer" and not competent to do so-Objection to that effect neither raised in grievance petition nor in application to Labour Court under S. 25-A-Objection, held, cannot be raised In appeal before Appellate Tribunal. (c) Industrial dispute-------- -- Domestic enquiry-Show-cause notice and inquiry report supplied to accused-Dismissal order challenged on plea that inquiry proceedings not supplied-No suggestion of prejudice on that account­--Plea, in circumstances, held, not covered by any legal provision and not sustainable. S. P. Lodhi for Appellant. Mahmood A. Ghani for Respondent. DECISION This appeal has been filed against the order of the Labour Court dismissing the application made under section 25-A, I. R. O. 2. The appellant was in the service of the respondent. He was charge--­sheeted on 21st October, 1975 for misbehaving with a lady worker. He denied the allegation. Inquiry was held and he was found guilty. After show-cause notice he was dismissed from service. After serving the grievance notice he approached the Labour Court. 3. The application was resisted. Evidence was recorded. On the assessment of the evidence the application was dismissed by the Labour Court. Aggrieved by this, the present appeal was filed. 4. It has been urged on behalf of the appellant that Mr. S. C. Subjally who issued the show-cause notice charge-sheet and dismissal order was not an employer within the meaning of section 2 (c) of West Pakistan Standing Orders Ordinance, 1968. This plea…

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