Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Keywords: Enquiry Officer, Chairman, Question Of Fact, Guilty, Prosecution, Notice, Constitution, Receipt, Theft, Call, Proceedings, Dismissal From Service, Impugned Order, Charge-Sheet, Dispute, Show-Cause Notice, Labour Court, Evidence, Commercial Employment, Premises, Petitioner, Orders, Grievance, Examination, Costs, Misreading Of Evidence, Place, Order Of Dismissal, Constitution Of Pakistan, Petition, Interpretation, Production, Grievance Petition, Order, Office, Domestic Enquiry Result: Petition allowed JUDGMENT The brief facts are that on 11-3-1972 the petitioner appointed respondent No. 2 (hereinafter referred to as the respondent) "Weaver" in their Mills on piece-rated basis. In April 1973 the workers in the Weaving Section o the Mills, including the respondent, resorted to Go-Slow whereupon they were charge-sheeted on 2-5-1973. The charge-sheet was served together with a comparative statement of production in terms of number of Towels turned out by the respondent and he was informed that he was giving less production and had resorted to Go-Slow. He was called upon to furnish written explanation, which he did on 15-5-1973 on receipt of the show-cause notice. Thereupon an Enquiry Officer was appointed to enquire into the charges. The petitioner produced two witnesses before the Enquiry Officer. One of them furnished details of production of the respondent for 6 dates during April 1973 which was shown as considerably low as compared to the earlier production on the same looms with same quality of yarn. Another witness stated that workers had resorted to Slow-Dawn production deliberately since 14thApril 1973. Hs further stated that the Machine on which the respondent worked was in good working condition and similar raw material was given to the workers in the first fortnight of April as had horn given in the second fortnight of April 1973 meaning thereby that the difference- in production had taken place in spite of use of same Machinery and same material. The respondent's explanation was that less production was due to inferior quality of yarn provided to him as also due to his sickness. In his cross examination lie admitted that there was fall in…

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