Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 37, 21

(a) Industrial Relations Ordinance (XXIII of 1969) S. 37-Appeal-In grievance petition under S. 21 of Industrial Re lations Ordinance against termination of service due to misconduct-- Labour Court rejecting plea of employer that provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not applicable-Appeal of employer against such order dismissed in default for non-prosecution-No restoration application made-Employer subsequently filing appeal against final order of Labour Court accepting grievance petition and ordering re-instatement-Raising same pleas again in fresh appeal Such issues, in circumstances, held, could not be re-agitated having attained finality by dismissal although due to default of previous appeal. (b) Industrial dispute Re-instatement-Back benefits - Workmen employed somewhere else during intervening period-Benefit for such period of gainful employment not allowed. Date of hearing : 9th March, 1980.                                                                                                                                                                                  DECISION The respondent, who was employed in the appellant society as an Assistant Accountant, was served with a show-cause notice, dated 7th May, 1978. containing charges of misconduct against him. The respon dent's services were thereafter terminated with effect from 18th May, 1978, admittedly without holding an inquiry or giving him a show-cause notice. The respondent, accordingly, challenged the termination of his services by way of a grievance petition before the learned second Labour Court. Preliminary objections were raised by the appellant society to the maintain ability of the…