Law:

Section:

(a) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- S. 6-Petition to Specified Authority-Limitation-Condonation of delay-Petitioner seeking remedy before Labour Court and Labour Appellate Tribunal but his petition dismissed for want of jurisdiction--­Petition before Specified Authority filed within 2 days of receipt of certified copy of order of Labour Appellate Tribunal-Explanation, in circumstances, held, satisfactory for condonation of delay. (b) Industrial dispute- -- Domestic enquiry-Accused not participating-Enquiry Officer without recording any evidence in proof of alleged incidence or misconduct-Findings thus recorded, held, not sustainable-Enquiry Officer duty bound to investigate matter to arrive at a finding regarding alleged incident and misconduct. (c) Industrial dispute­--- ----Charge-sheet--Served after expiry of one month of alleged misconduct-Time-barred-Dismissal order consequential to such charge­sheet, held, illegal - West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15. DIRECTION The applicant Rao Mohammad Khalil has moved this application under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against the respondent Pakistan Steel Mills Corporation Limited seeking his re-instatement on the ground that his services were illegally dismissed by the respondent. The facts as disclosed by the applicant are that he received a show cause dated 3rd September, 1978 on 20th September, 1978 containing allegations that on 28th July 1978 due to rash driving he collided his vehicle with another vehicle of the respondent-Company thereby causing a loss of Rs. 41,500 to the vehicle driven by the applicant. It was also stated in the said show-cause notice that due to the said accident which was caused by over-speeding, rash and negligent operation of the vehicle, the applicant committed a misconduct as defined under section 15(3)(i) of the West Pakistan (Standing Order) Ordinance, 1968. The applicant submitted his explanation on 7th October, 1978 explaining the cause of accident. The explanation was not found satisfactory and an enquiry was scheduled to take place on 2nd…

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