Law:

Section:

  Industrial dispute------- -----Domestic enquiry-Charge-sheet for mis conduct-Evidence on record indicating some disturbance and presence of police to rescue officers-Prosecution witness not put to cross-examination-Enquiry, in circumstances, held, not proper Re-instatement awarded subject to condition that employer should hold fresh enquiry properly-East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965), S. 25(1)(b).   ORDER MD. NURUL, ISLAM KHAN (CHAIRMAN). These two applications are under section 25(1)(6) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter referred to as the Act. The case of the first parties is that they were suspended from service on charges of misconduct such as gherao, attempt to assault, misbehaving and abusing the officers of the Management including Mr. Md. Arif Ismail, the Managing partner, abetment of such assault, intimidation and misconduct by other workers inside the factory premises on 10-12-69. They were not given proper suspension allowance as per law. There was no proper enquiry and finally they were dismissed on 13-1-70 and 18-3-70 respectively. They sent grievance petitions but they received no reply. Hence these applications for re-instatement with back wages and other legal dues. The second party entered into appearance and submitted that the charges were correct and that explanations were submitted by the workers, which were not found satisfactory: There was an enquiry in which they were found guilty of misconduct and accordingly dismissed. There is no cause of grievance and hence the applications should be dismissed. Point for determination in the present cases is whether the order of dismissal passed by the second party against the first parties is valid and legal?   I   FINDINGS AND DECISION The parties were heard at length and papers were scrutinised. . It was found on examination of the papers that charge sheets were drawn up against the first parties for misconduct for surrounding the officers for forcing a decision on annual leave, abusing the officers by name and…