Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. Os. 12(5) & 15 read with S. 1, second proviso-Interpretation of provisions-Employer not employing more than 49 employees in his establishment-Held, not absolved of his responsibility to hold an enquiry against workman whose services he wants to terminate for misconduct-Substantial compliance, though not strict and literal, with S. O. 15 can be insisted in such case.-[Interpretation of statutes Industrial dispute]. Writ Petition No. 4719. of 1978 ref: (h) Interpretation of statutes- Labour laws-Two views about a provision possible-Construction beneficial to workmen to be adopted.-[Industrial dispute]. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. Os. 12(5) & 15 read with S. 1, second proviso-Termination of services for misconduct-Employer to whom provisions of S. O. 12(5) & 15 not applicable, conducting enquiry against accused workman -Failure of workman to participate in such enquiry does not make it illegal-Order of employer terminating services of such workman--Held, not without lawful authority.-[Industrial dispute]. JUDGMENT The petitioner challenges the order dated 7th March, 1978, passed by respondent No. 1, dismissing his appeal and the one dated 24th September, 1977, passed by the Labour Court, re-instating the respondent No. 4 with back benefits. 2. The facts leading to this petition are that the petitioner, who had never employed more than 37 employees in its establishment, appointed respondent No. 4 as one of its workmen in 1972. His services were, however, terminated for misconduct on 29th October, 1976. Respondent No. 4 challenged that order in the Labour Court. The petitioner defended it for the reason that as it had never employed more than 49 workmen, the Standing Order 15 did not apply in view of the Second Proviso to Ordinance VI of 1968. 3. The Labour Court, did not accept that contention and re-instated respondent No. 4 vide its order dated 19th January, 1977, with permission to institute a fresh inquiry. A charge-sheet was consequently served on respondent No. 4 on 24th…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492