Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

(a) Industrial Relations Ordinance (XXIII of 1969) S. 25-A read with West Pakistan Industrial and Commercial, Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15-- Misconduct-Punishment-Labour Court--Cannot substitute punish ment on leniency ground. (b) Industrial dispute Domestic enquiry-Procedure-Quasi-judicial in nature-Copies of statement of witness-Not supplied despite request for use in submission of reply to second show-cause notice-Violation of rule of natural justice-Enquiry in circumstances, held, suffered from serious legal infirmity-Punishment order passed consequently, held, rightly set aside-Employer, however, given option to hold fresh proceedings. Date of hearing : 23rd April 1980.                                                                                                                     DECISION These are two cross appeals, which are directed against a decision of the learned First Labour Court, given on 29th March, 1980, holding that it is sufficiently proved that the offending workman had quarrelled with the section clerk and such behaviour on his part was subversive of discipline, but taking the view that the punishment of dismissal awarded to the workman was disproportionate to his offence and in the circumstances directing the management to re-instate the workman but withholding from him back benefits. Appeal No. 234/80 has been preferred by the management against the direction of the learned Labour Court for the re-instatement of the workman while Appeal No. 281/80 by workman Muhammad Saleem is against denying him his claim of back benefits. Both the appeals will be disposed of by this order. 2. Muhammad Saleem, appellant in Appeal No. 281/80, was employed as a technical assistant, grade 3, in the Karachi Shipyard & Engineering Works Ltd., hereinafter referred to as 'the Shipyard'. He was charge -sheeted on 28th April, 1919,…