Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Industrial Relations Ordinance (XXIII of 1969) S. 34 read with West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968), S. O. 15 - Permanent workman's dismissal without charge-sheet and enquiry- Dismissed order, in circumstances, held, illegal and set aside with full back wages. AWARD AGHA IMDADALLY (CHAIRMAN).-This is an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as "the Ordinance") made by the General Secretary, Sindhi Adabi Board Printing Press Workers' Union, Hyderabad against the said Sindhi Adabi Board through their Secretary. 2. The case bf the applicant in the application is that his Union is the only Trade Union in relation to the respondent Board as such it is the collective bargaining agent with respect to it. It is alleged that the respondent Board dismissed Mr. Ghulam Ali Compositor of the Press of the respondent Board, who was its permanent workman, with effect from 20th of May 1970, without giving him any charge-sheet and any opportunity of defence. The respondent Board also did not give him any order in writing for his dismissal which action by it was challenged to be clearly in violation of the law in force and also against the principle of natural justice as well as the Board's Rules for its employees. On these facts it is also con tended that the action of the respondent Board dismissing Mr. Ghulam Ali is tantamount to a denial of the guaranteed right of this workman as such it is prayed that this Court be pleased to direct re-instatement of Mr. Ghulam Ali in his employment with the respondent Board from the date of his illegal dismissal with full pay. 3. The respondent Board was served with summons for this application but on the date of hearing fixed for filing the written statement no one put in, appearance on their behalf hence it was placed ex parte and next date of hearing was set down for ex parte proof. On this last mentioned date the workman Mr. Ghulam Ali filed his affidavit deposing to the same facts as are disclosed in the, narrative of the case in paragraph No. 2 of this Award above. As there is no other evidence or…