Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI, of 1968), S. 2(c)(iii)-"Employer" Manager of industrial or commercial establishment--Person respon sible to owner far supervision and control of such establishment Included in definition of "employer". (b) West Pakistan Industrial and Commercial Employment (Sanding Orders) Ordinance '(VI of 1968), S. O. 18-Complaint against dismissal-Court can go into legality of dismissal. (c) Industrial dispute-Misconduct-Charge-sheet and formal domestic enquiry.-Allegation admitted in writing by accused work men--Holding of inquiry, in circumstances, held, not necessary West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15(4). 1970 P L C 576 distinguished.   ORDER Asad Hussain, Ex-Accounts Clerk of Flashmans Hotel, Rawalpindi, filed this petition under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders, Ordinance, 1968 against the respondent Management for his re-instatement and consequential benefits. The facts' of the case are that about Rs. 46,000 of the respondent were misappropriated regarding which a case has also been registered with the police against the petitioner. Asad Hussain, which is stated to be pending before a Magistrate. The Management dismissed the petitioner with effect from 1-1-1969. The petitioner has agitated that no charge-sheet was issued to him nor any inquiry was held against him and that the Management had arbitrarily dismissed him. It was further argued by the counsel for the petitioner that since the Manage ment vests with the Custodian of Enemy Property,' the Manager of the Hotel had no authority to order the dismissal of the petitioner without the approval and consent of the Custodian of Enemy Property. The learned counsel for the respondent made a reference to the definition of the employer under the Standing Orders Ordinance, 1968, section 2, sub-clause (c)(iii). In my view the manager would be included in the definition of .the employer because he is a person responsible to the owner for the supervision and control of the…