Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 15(4), proviso-Domestic enquiry-General Secretary of Union not an employee of establishment-Cannot be allowed to assist accused workman in his domestic enquiry: (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 38 read with S. 25-A and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(4)-Inquiry Officer, in domestic enquiry, rejecting application of accused workman for summoning more witnesses-Labour Court cannot interfere with such exercise of discretion by Inquiry Officer--­No such grievance agitated in grievance notice--Appeal dismissed. S. Safdar Hussain for Appellant. Malik Sher Muhammad for Respondent. Date of hearing : 31st January 1977. DECISION This is an appeal against the order of the Labour Court dismissing the application filed by the appellant under section 25-A, I. R. O. 2. The appellant was in the service of the respondent. On account of some misconduct, he was charge-sheeted. He submitted an explanation, which was found unsatisfactory. Inquiry Offcer was appointed and inquiry was held. He was found guilty and,. therefore, dismissed from service, HC served a grievance notice and then approached the Labour Court. 3. The application was resisted and various pleas were taken. 4. On the assessment of the evidence the Labour Court rejected the application. Aggrieved by this, the present appeal had been filed. 5. It is an admitted position that the respondent was a mill and according to second proviso to section 4, Standing Order No. 15 is not applicable to an industrial establishment wherein 49 persons are employed on any day during the preceding 12 months, unless a notification to that effect was issued by the Government, extending the provisions to that industry. Admittedly, no such notification has been issued. So it was necessary that there should have more than 49 persons employed in the respondent mill. The appellant miserably failed to establish that more than 49 persons were working. He made a vague statement to the effect that 40 or 50 persons were working in the mill. No reliance can…

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