Law:

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Industrial Relations Ordinance (XXIII of 1969)--- -- S. 25-A (5)-Provision confers power to go into facts and not to ignore facts-Labour Courts to act in a judicious manner-Normal procedure of confining parties to case set up by them cannot be departed from to disadvantage of other side. Khurshid Anwar Shaikh for Petitioners. Nemo for Respondents Nos. 1 and 2. Shahenshah Hussain for Respondent No. 3. Date of hearing : 19th September 1976.. JUDGMENT This petition is directed against the orders dated 10-5-1976 and 10-9-1975 passed respectively by the respondents Nos. 1 and 2. The said orders came to be passed in the background of the following facts. 2. The respondent No. 3 was employed with the petitioner as a fitter in the mills. On 6-5-1975, he was found to be absent from duty without permission and on being questioned about his absence he misbehaved and insulted Abdul Razaque, converting master of the mills. The petitioner issued charge-sheet dated 8-5-1975, which was replied on 10-5-1975. An enquiry into the matter was instituted and the respondent No. 3 was informed about the same on 13-5-1975. Simultaneously an Enquiry, Officer was appointed and necessary intimation was given to the respondent. The respondent appointed one Akbar, Office Secretary of the Union, to act as his representative in the enquiry proceedings. On receipt of the enquiry report dated 20-5-1975, a Second show-cause notice was issued to the respondent on 4-6-1975. This was replied by him on 6-6-1975, and after a personal hearing, a dismissal order dated 19-6-1975, was passed against him. The respondent served the petitioner with the grievance notice on 29-6-1975, which was replied on 12-7-1975. The respondent asked the petitioner to furnish him with a copy of the second show-cause notice on 15-7-1975, alleging that he had lost the same. He again requested on 27-7-1975, for a copy of the same stating that it was required for filing an application under section 25-A of the Industrial Relations Ordinance, 1969. Thereafter, the respondent filed an application under section 25-A of the Ordinance on 14-8-1975, which was accepted by the respondent No. 2 as per impugned order dated 10-9-1975.…

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