Law: Pakistan Essential Services (Maintenance) Act, 1952

Section: 6

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

Section: 15(3)(h)

(a) Pakistan Essential Services (Maintenance) Act (LIII of 1952) S. 6 - Limitation -- Petitioner pursuing case before Labour Court - Question of jurisdiction decided by Labour Appellate Tribunal-Petition filed before Specified Authority within one month from date of withdrawal of application from Labour Appellate Tribunal-Delay in circumstances, condoned. 1975 S C M R 304 and 1978 5 C M R 457 ref. (b) West Pakistan Industrial and Commercial Employment Orders) Ordinance (VI of 1968) S. O. 15(3)(h)-Charge-sheet containing charge of beating and manhandling Security Guard on way to home after close of factory--Enquiry Officer holding accused guilty of other charges also i.e. of leaving duty without permission and forcing way out of main gate without presenting himself for search not mentioned in charge-sheet-Evidence on record not even supporting charge mentioned in charge-sheet-Consequential dismissal' from service, held, illegal - Re-instatement with full back benefits awarded -Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 6. 1969 P L C 48 ; 1976 PLC 176 ; 1980 P L C 390 ; 1978 P L C 492 and 1969 P L C 79 ref. . Date of arguments : 16th October, 1980.                                                                                                                               DIRECTIONS This petition has been submitted by Muhammad Ashraf ex-worker Flour Mills Army 'Welfare Food Industries under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against the General Manager, Army Welfare Food Industries, Faisalabad. He was dismissed from service on 8th May, 1979.. The petitioner has submitted that a fake charge-sheet was served on him and the occurrence alleged to have taken place was according to the charge-sheet-outside the mills premises and that the petitioner had committed no misconduct. He submitted that…