Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Keywords: Disclose, Negligence, Jurisdiction, Without Jurisdiction, Establishment, Evidence, Order, Notice, Impugned Order, Finding Of Fact, Penalty, Proceedings, Grievance, Appellate Tribunal, Illegal, Property, Appellate Tribunal, Punishment, Charge-Sheet, Labour Court, Petition, Orders, Guilty, Goods, Show-Cause Notice, Enquiry Officer, Management, Petitioner, Omission, Place, Set Aside, Commercial Employment Result: Petition dismissed ORDER ABDUL HAFEEZ MEMON, J. This petition is filed against the decision order passed by the learned Appellate Tribunal, Karachi on 14-3-1977 in an appeal filed by respondent No. 2 against the order of Labour Court, Karachi who had dismissed the application of the respondent filed under section 25-A of Industrial Relations Ordinance. 1969 and maintained his dismissal. The learned Appellate tribunal allowed the appeal of respondent No. 2 and set aside the order passed by the Labour Court as well as the dismissal order passed by the petitioners. 2. The brief facts of the case are that the petitioners are an Industrial Establishment in Site Area, Karachi, whereas the respondent No. 2 was their employee in the Weaving Department of their Factory On 10-10-1975 respondent No. 2 was issued a show-cause notice in the following terms "You are hereby charge-sheeted for Weaving 'Jala' in full length cloth piece (than) run on loom No. 433 on 1-10-75. This resulted in full badly damaged cloth piece (than) It clearly shows your gross negligence and due to this fact, the Company had to suffer loss. If you had desired, you could de-weave this 'Jala'. Therefore, please submit your explanation within 24 hours as to why action should not be taken against you." After usual enquiry, in which the respondent regularly participated he was found guilty and after the second show-cause notice he was dismissed from service on 24-14-75. The respondent thereafter served a grievance notice on the petitioner on 26-10-75 ace filed application under section 25-A of the I. R. O. Before the Labour Court. Karachi on 8- 1-75 The application a as resisted by the petitioners and they denied all the allegations of the respondent. The learned Presiding Officer of the…

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