Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 1 (3), 25-A & 37 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 2 (i) & 12 (3)-Termination of service-Grievance petition before Labour Court-Maintainable under S. O. 12 (3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Applicability of Industrial Relations Ordinance, 1969-Not relevant-Petitioner specifically mentioning in petition that he was a workman-Fact not disputed by Manage­ment before Labour Court--Cannot be allowed to be disputed at appellate stage Gammon (Pakistan) Ltd., Rawalpindi v. Muzafar Khan 1974 P L C 10 ; Canteen Stores Department, Karachi v. Sind Labour Court No. V P L D 1977 Kar. 314 and United Builders and Associates v. Presiding Officer, Punjab Labour Court 1976 F L C 855 ref. Johnson & Johnson v. Zubair Ahmad, 1980 P L C 622 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A and West Pakistan Industrial and Commercial Em­ployment (Scantling Orders) Ordinance (IV of 1968), S. Os. 12 (3) & 15 (4)-Domestic enquiry-Labour Court empowered to enter into questions of fact to arrive at its own conclusion regardless there being illegality of procedure in domestic proceedings-Con­tention that Labour Court could not go into evidence led before enquiry Officer and had to confine its decision as to whether or not inquiry was fair and properly held-Rejected--Enquiry not held on assumption that accused would be absenting--Inquiry Officer assuming role of Investigating Officer and before any prosecution evidence recording statements of accused and then closing enquiry without defence opportunity to accused with reference to prosecu­tion evidence--Grave prejudice, held, caused to accused vitiating domestic enquiry--Consequential dismissal order set aside-Management, held, had option in circumstances to hold proper enquiry-­Back benefits made dependent upon result of fresh enquiry if held. Crescent Jute Products Ltd. v. Muhammad Yaqub P L D 1978 S C 207 and Islamabad Club v. Punjab Labour Court P L D 1980 S C 307 rel. Muhammad Naseem for Appellants. S. P. Lodhi for…

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