Law:

Section:

(a) Industrial dispute  Disciplinary action -Mala fides-Mere allegation-Not sufficient Must be established that action was taken not for any purpose authorised by law but for personal aggrandisement of person em powered to make order or because competent authority bore a personal grudge against workman concerned-Dismissal order neither found on evidence as colourable exercise of legal powers or a of lawful authority or in consequence of any personal of mala fides, in circumstances, held, without substance. Pakistan v. Saeed Ahmad P L D 1974 S C 151 rel. (b) Industrial dispute Domestic enquiry-Ex pane proceedings-Workman nominating a person not a workman to assist and represent him in enquiry -Enquiry Officer refusing such request-Worker not participating- Ex parte proceedings by Enquiry Officer, in circumstances, held, justified. Date of hearing : 5th March, 1980.                                                                                                                                                                          DECISION The appellant, who was employed as a Die-fitter in the industrial establishment of M/s. Atlas Autos Ltd., respondent No. 2, was dismissed from service with effect from 29th October, 1977, on the basis of a domestic enquiry in which he failed to participate. The appellant challenged his dismissal orders by way of a grievance petition under section 25-A, I.R.O. The grievance petition, however, was dismissed by the learned Second Labour Court, vide his decision, dated 3rd January 1980. The learned Labour Court has taken the view that the domestic enquiry against the appellant was fair and impartial and full opportunity was given to the appellant to defend himself but he deliberately and obstinately refused…