Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry-Copy of findings of enquiry-Whether essentially to be supplied with second show-cause notice before penalty order-Not a requirement of law-Non-supply of same invalidates penalty order when it amounts to failure to give opportunity to explain alleged circumstances-Enquiry, held, exparte-Fact regarding enquiry itself denied and challenged by accused-Copy of enquiry report specifically demanded by accused enabling him to submit proper reply to second show-cause notice­Labour Court in circumstances, held, rightly set-aside consequential dismissal order due to failure of Management to supply copy of enquiry report-West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance (VI of 1968), S. O. 15 (4). Associated Electrical Industries (Pakistan) v. Employees' Union P L D 1973 Kar. 167 ; Ahmad Investments Ltd. v. Sind Labour Court No. IV 1978 P L C 567 ; Karachi Shipyard and Engineering Works Ltd. v. Mohammad Saleem and others 1981 P L C 200 ;Mohammad Shamim v. Sind Labour Court 1980 P L C 777 ; Abdul Aziz Khan v. Pakistan Cables Ltd. 1977 P L C 485 ; Nisar Ahmad v. Sind Labour Court 1978 P L C 583 and Muhammad Shamim v. Punjab Transport Corporation and another 1975 S C M R 46 distinguished. Punjab Road Transport Board v. Punjab Labour Court 1976 P L C 392 and Mohammad Qasim v. Sandoz (Pak.) Ltd., Jamshoro 1980 P L C 997 ref. Punjab Road Transport Corporation v. Punjab Labour Appellate Tribunal P L D 1976 Lab. 209 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 25-A (5) & 37 - Scope - Labour Court and Appellate Tribunal competent to go behind domestic enquiry and to determine whether there was tangible evidence to support penalty order based upon findings of domestic enquiry-No tangible evidence available oil record-Dismissal order, in circumstances, held, rightly set aside by Labour Court. Crescent Jute Products Ltd. v. Muhammad Yaqub P L D 1978 S C 207 rel. Mahmood A. Ghani for Appellant. Shafique Qureshi for Respondent. Date of hearing : 10th March 1981. ORDER The respondent, who was employed as a workman in the Folding Department of the appellant Mills, was charge-sheeted on 1st…

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