Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(xxviii), 34

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

Section: O. 18

(a) Industrial dispute Dismissal due to misconduct-Domestic enquiry regular and without any defect-Dismissal, in circumstances, held, not assailable on any legal ground. (b) Industrial Relations Ordinance (XXIII of 1969) S. 2(xxviii)---"Workman"---Safety Inspector---Responsible for supervision of safety guards and to see observance of safety rules-Not a workman. (c) Industrial Relations Ordinance (XXIII of 1969) S. 34 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 18--- Workman aggrieved by dismissal-Grievance petition not sub mitted to employer-Application to Court, in circumstances, held, not maintainable,                                                                                                                               JUDGMENT Pir Sultan Mahmood was employed in the beginning as an Assistant Safety Inspector in Tarbela Joint Venture, Tarbela Dam. Subsequently on Ist August 1969, he was promoted to the post of Assistant Safety Inspector, Class "B." On 27th April, 1971, however, he was given a show-cause notice, Exh. P. A. explaining the charges against him, that he had left his post early, had not ensured that the area was cleared for blast, had made a wrong statement that he was present when he was not, and bad failed to report the accident, and calling upon Lim to submit his explanation within 2 days. Pir Sultan Mahmood submitted his explanation on 27th April 1971 copy of which is Exh. R. W. 2/13, but as the explanation was found unsatisfactory, the Management ordered an equiry against him and appointed Sahibzada Mahmood Jan, Advisor, Pay Office, as an Enquiry Othcer. The Enquiry Officer accordingly held the enquiry in the presence of Pir Sultan Mahmood and later submitted a report holding the official guilty of the charges against him, and recommended that…