Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 38, 12, 15, 18

(a) West Pakistan Industrial Disputes Ordinance (IV of 1968) S. 38 read with Road Transport Workers Ordinance (XXVIII of 1961), S. 7--Time for submission of reply to charge-sheet Whether time given sufficient depends upon circumstances of each case-Three days time given for purpose, held, sufficient, in absence of any indication to contrary. In re : District Manager, Government Transport Service, Hyderabad 1970 P L C 150 distinguished. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. Os. 12, 15 & 18-Master and servant, principle of-Applicable to workmen subject of course to provisions of labour laws applicable-Employer must furnish charge-sheet, give opportunity of hearing and cross examination of prosecution witnesses - Subject to aforesaid, master's power of dismissal not restricted. (c) Industrial dispute Domestic inquiry-Management bound to supply a copy of Enquiry Officer's report to workman Award set aside, workman ordered to be re-instated, a copy of Enquiry officer's report directed to be supplied to workman Authority concerned ordered to hear workman before passing order-West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 38 read with Road Transport Workers Ordinance (XXVIII of 1961), S. 7. Date of hearing : 29th March 1972.   DECISION This is an appeal against an award of the learned Second Sind Labour Court, Karachi, dated December 31, 1971, whereby the learned Court dismissed the application of the appellant under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the Ordinance of 1968). For the purposes of the disposal of this appeal, it would not be necessary to mention in detail the charges against the appel lant. It would be sufficient to state that the appellant was charge-sheeted on 10th November 1966, and 24th November 1966, under section 7 of the Road Transport Workers Ordinance, 1961 (hereinafter called the Ordinance of 1961). Mr. Arz Muhammad Abro was appointed Enquiry Officer. He examined, on behalf of the prosecution, Mr. Bokhari, Assistant Traffic Manager and Mr. Muhammad Khan, Traffic Assistant. He found that the…