Law:

Section:

(a) Industrial dispute-- Domestic enquiry-Notice of inquiry not sent to accused--Ex parts enquiry, in circumstances, held, illegal. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------ -­- S. O. 15 (4)-Charge-sheet, service of-Must be served within one month of date of alleged misconduct-Charge-sheet served beyond prescribed period, held, time-barred. Anwar Ali Chaudhry for Appellant Nazir Ahmad Naz for Respondent. Date of hearing: 11th January 1977. JUDGMENT This is an appeal against the decision dated, 23-8-76 of Punjab Labour Court, No. 3, Lyallpur. 2. Mohammad Asghar, respondent was employed as a worker in the Crescent Jute Products Ltd., Jaranwals. He was arrested in a criminal case on 2.3-1976 and was released on bail on 17-3-1976. P. W. Mohammad Idrees, General Secretary of the respondent's Union visited the Jail and got an application, signed by the respondent, for leave, the copy of which is Exh. P-1. P. W. Mohammad Idrees sent that application to the Manage­ment but no action was taken. On 10-3-1976 a charge-sheet Exh D-2 was framed against the respondent to the effect that he was absent from duty without leave for 48 days during the year 1975. Another charge­-sheet dated 13-3-1976 was also framed against the respondent to the effect that he was absent without leave for more than ten days with effect from 2-3-1976. Both these charge sheets were sent to the respondent at his home address. Naturally no reply was received as the respondent was in Jail in those days. On 18-3-76 the respondent reported for duty after -his release from jail on 17-3-76 but the Management refused to allow him to resume duty. On 24.3-1976 Mr.' Alt bar Abbas was appointed Inquiry Officer to hold an inquiry against the respondent on 28-3-1976 for which no notice was sent to the respondent. Ex parte inquiry was held and be was found guilty on both the counts. Thereafter, second show-cause notice was served and ho furnished his explanation Exh. D-9 on 31-3-1976, denying the allegations. After…

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