Law:

Section:

(o) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 196a) S.O. 15(4)-Misconduct-Domestic enquiry-Notices in writing given to accused workmen being absent from establishment, by registered post-Such notices, having been received back unserved with endorsement that "whereabouts of addressees not known", published twice in newspaper-Held, requirement of law given in S. O. 15(4) fulfilled.[Industrial dispute]. (b) Industrial Relations Ordinance (XXII1 of 1969)- -- S. 38 read with S. 25-A-Order passed by Labour Court while deciding a case under S. 25-A-Held, not appealable before Tribunal.--[Industrial dispute-Appeal (civil)]. (c) Constitution of Pakistan (1972)-- Art. 199-Writ-Petitioner attempting to get additional benefit over and above illegal gains already secured by him-Relief refused. JUDGMENT The three petitioners in this case are employees of Bahawalnagar Sugar Mills Ltd. (respondent No. 2). Separate show-cause notices were sent to their various addresses in accordance with the Standing Order 15(4) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, under registered postal cover. Similar show-cause notices were published in `Daily Imroze dated 2nd February, 1976. Notices sent through the postal medium were, however, received back unserved with the - endorsement that the whereabouts of the addressees were not known. 2. On 7th February, 1976, the Inquiry Officer, appointed for the purpose sent notices by post to the petitioners for their appearance on 9th February, 1976. Similar notices were also published in 'Daily Imroze' Multan, dated 7th February, 1976. No inquiry, however, could be held on 9th February, 1976, and therefore, the cases were adjourned to 17th February, 1976. 3. Fresh notices were again repeated through post as well as Daily Imroze for 17th February, 1976. The petitioners, however, did not appear with the result that ex parse proceedings were taken. The inquiry report was submitted to the General Manager who vide his order dated 1 st March, 1976, dismissed all the three petitioners from service. 4. The petitioners challenged the order of the General Manager by…

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