Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -----S. 35 read with Civil Procedure Code (V of 1908), S. 20-Jurisdiction of Labour Courts-Provincial Government empowered to specify jurisdiction of Labour Courts-Principles of S. 20, Civil Procedure Code, 1908 not applicable-Factory located in Hazara District-Head office of establishment located at Rawalpindi-Appointing and punishing Authority Factory General Manager-Impugned order passed by General Manager of Factory in Hazara District-Grievance notice served upon same General Manager-Grievance petition under S. 25-A of Industrial Relations Ordinance, 1969, in circumstances, rightly, held, not within jurisdiction of Labour Court, Rawalpindi. Kh. Muhammad Farooq for Appellant. Muhammad Nauman and Sh. Maqbool Ahmad for Respondents. JUDGMENT Mustehkam Cement Limited was a public Limited Company having its cement factory at Hattar, District Hazara, but its registered Head Office at Rawalpindi. Noor Muhammad, appellant, was appointed as a Clerk in the factory ;of the respondent at Hattar in 1966 He was subsequently promoted to the post of Cement Despatch Assistant. On 27/28-5-1978 a show­cause notice (Exh. P. 1) was issued to him by Mr. Zakir Muhammad, General Manager of the Factory. The appellant submitted his reply (Exh. P. 2) to the show-cause notice to the said General Manager of the Factory. Vide Letter dated 31-5-1978 (Exh. P. 3) the same General Manager of the Factory informed the appellant that his explanation to the show-cause notice was thoroughly examined by the Management but the same was found unsatis­factory and thaf-i6 order to find out real facts in the case it had been decided to hold an enquiry into the matter. Mr. S. H. Tariq, M. E. and Mr. Idrees Sajid Chaudhry, A. M. (T.P.T.) were appointed to act as Chairman and Member, respectively, of tine enquiry Committee by the General Manager. The appellant was directed to report to the Enquiry Committee as and when directed. The Enquiry Committee vide its report (Exh. P. 4) held that all the five charges mentioned in the show-cause notice had been proved to be correct and that the Management could proceed to pass such orders as were deemed fit under the…

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