Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry - Enquiry Officer -- Officer of not same establishment but employee of a sister concern- Not for that rea­son disqualified to hold enquiry. (b) Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A (5)--Scope-Section provides double forum, one in form of judicial domestic enquiry to be held by employer other in form: of judicial determination by a Labour Court-Dismissal for mis­conduct impugned before Labour Court on grounds of victimisation for Union activities, particularly of Enquiry Officer - Management failing to lead evidence to rebut such allegations--Neither Enquiry Report nor Enquiry Officer examined before Labour Court-Appeal against rejection of grievance petition by Labour Court. in circum­stances, accepted with re-instatement of appellant--Industrial Relations Ordinance (XXIII of 1969), S. 37. Crescent Jute Products Ltd. v. Muhammad Yaqoob P L D 1978 S C 207 fol. Salim Raza for Appellant. Masood Ahmad Khan for Respondent. Date of hearing : 15th March, 1981. DECISION The appellant, who was employed as a general workman in the Pack­ing Department of the respondent-Company, was dismissed from service with effect from 20th July, 1980, on the charge of instigating the workers not to obey the notice of 'lay off' and further abusing and threatening the personnel officer of the respondent-Company, The dismissal orders were based on the report of the Enquiry Officer, A. Sama Khan, who found the charges against the appellant fully established. It may be mentioned fire that before the dismissl orders were passed a second show-cause notice was given to the appellant but his reply to the same was not found satis­factory. The appellant challenged the orders of his dismissal before the learned Third Labour Court, which has rejected his grievance petition, taking the view that the misconduct of the appellant was duly established in a domestic enquiry which was fairly and properly conducted. The appellant has come up in appeal against the aforesaid decision. 2. Mr. Salim Raza, the learned Representative of the appellant, has assailed the decision of the learned Labour Court on two main grounds. His first ground of…

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