Law: Economic Reforms Order, 1972

Section: 6

Keywords: Provisions, Director, Protection, Government, Notice, Disposed Of, Suspension, Natural Justice, Conditions, Domestic Enquiry, Jurisdiction, Order Of Dismissal, Order, Petitioner, Consideration, Establishment, Guilty, Orders, Plea, Grievance, Call, Conditions Of Service, Failure, Notices, Permission, Petition, Termination Of Service, Receipt, Master And Servant, Ouster Of Jurisdiction, Defence, Set Aside, Remedy, Parties, Commercial Employment, Dispense With, Objections, Impugned Order, Ouster, Contempt Proceedings, Relief, Purported To Be Done, Lack Of Jurisdiction, Constitution, Pension, Appellate Tribunal, Prima Facie, Division, Show-Cause Notice, Remuneration, Constitution Of Pakistan, High Court, Injunction, Grounds, Maintainability, Period, Proceedings, Labour Court, Appointment Result: Petition allowed JUDGMENT The only point of law involved in these two petitions is whether an order of dismissal of an employee issued by the Managing Director of a company issued under section 6 of Economic Reforms Order, 1972, vie. (President's Order 1/72) can be challenged under the provisions of Industrial Relations Ordinance, 1969 read with the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance of 1968. The petitioner is a company which was taken over by the Government under the Economic Reforms Ordinance, 1972. Relevant admitted facts are that 4 respondents in Petition No. 1301/75 who were employees of the petitioner were suspended on account of misconduct op 17-2-1972. These respondents filed an application before Labour Court against their suspension and the Labour Court issued notice of the same to the petitioner, whereupon the petitioner withdrew the sus pension orders and there 4 respondents were re-instated by petitioner on 21-6-1972. But the petitioner again suspended these 4 respondents on account of misconduct in connection with Abdul Raoof cashier. The respondents again challenged their suspension before the Labour Court. But meanwhile the petitioner instituted a domestic enquiry and the respondents participated in that enquiry and were found to be guilty of misconduct and their dismissal was recommended.…

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