Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 38

  (a) Industrial dispute ---Domestic enquiry-..Second show-cause notice-Practice of giving second show-cause notice to Road Transport Corporation employees prevailing before promulgation of West Pakistan Industrial and Commercial Employment (Standing orders) Ordinance, 1968-Held, formed part of conditions of employment and must be complied with-West Pakistan Industrial and. Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 9. Ghayoor Ahmad v. Government Transport Service, Hyderabad 1967 P L C 679; .Muhammad Rafique v. Road Transport Corpo ration, Lahore 1968 P L C 382 ; 1968 P L C 427 and 1967 P L C 317 eel. (b) Industrial dispute ---Domestic enquiry-Natural justice----Workman served with second show-cause notice, held, must be furnished with a copy of Enquiry Officer's report.     The University of Dacca and another v. Zakir Ahmad P L D 1965 S C 90 fol.        (c) Industrial dispute ----Re-instatement - Benefit of back App wages-Court to decide judicially, equitably, fairly and according to Tribunal principles of natural justice-Re-instatement due to defective enquiry-Benefit of back wages not to be allowed as a routine West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 38. It would depend upon the circumstances and facts of each case as to whether a workman is entitled to full back benefits or not. So far- as section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 is concerned, which is equivalent to section 31 of the Industrial Disputes Ordinance of 1959, it does not lay down any guide-line. All that it states is that the complaint should be adjudicated as if it were an industrial dispute in respect of which an application had been made under subsection (8) of section 6 of the Ordinance. In other words, the complaint, should be dealt with as if it was an industrial dispute. The power of the Court, while disposing of art industrial dispute, is not defined. It is a very wide one. The Court, however, is expected to act as a Judicial Court, equitably, fairly and in keeping with the principles of natural justice. The Court on violation of- section 37 of the Ordinance…