Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)- ----- S. 6-Act applicable to WAPDA-National Industrial Relations Commission has jurisdiction over WAPDA employees whether or not they be Civil Servants-Dismissal for misconduct--No charge-sheet served at time of suspension-Enquiry Committee's report forming basis of charge-sheet served subsequently-Such .Enquiry Com­mittee cannot be treated to have conducted enquiry into allegations mentioned in charge-sheet based upon report of Enquiry Com­mittee-No enquiry held after service of charge-sheet-Dismissal, in circumstances, held, without reasonable excuse hence illegal-­Dismissal for misconduct-Industrial dispute. 1978 P L C 233 ref. M. Kashtunish Khan for Petitioner. M. Iqbal Kokab for Respondent. Date of hearing : 4th September, 1980. DIRECTIONS This is a petition under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 submitted by Mohammad Kamal ex-Vehicle Driver, WAPDA, Burhan, District Attock. The petitioner has submitted that-he was employed as Vehicle Driver at 220 KV Grid Station WAPDA Burhan District Attock but he was suspended because of an alleged misconduct vide letter, dated 18th April, 1979 as clarified vide letter, dated 26th April, 1979. He was served two charge sheets by the respon­dent vide letter, dated 27th June, 1979. The charges against him related to misconduct, subversion and disobedience. The petitioner replied to the charge sheets and gave detailed explanation of his version. He was given a show cause notice an 14th July, 1979 and the petitioner again denied the charges against him vide his letter, dated 14th July, 1979. He was finally dismissed from service wide letter, dated 17th July, 1979. 2. It has been submitted that he has been dismissed as a result of personal grudge and disliking and his dismissal was against law and in violation of the principles of justice for the reasons that the charges levelled against him did not constitute misconduct under the law, the charge sheet was time barred and the misconduct was not proved. He was also condemned unheard and no enquiry was held and he was dismissed because he had moved an application alleging corrupt…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492