Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. O. 12(3) read with Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37--Grievance against termination of service violative of S.O. 12(3)-Grievance notice to be served in manner prescribed by S. 25-A of Industrial Relations Ordinance, 1969-Contention that impugned order was passed by person not authorised to do so-Point neither raised in grievance notice nor in grievance petition but raised for first at appeal stage-Mixed question of law and fact depending upon evidence-Not allowed at appellate stage. Muhammad Rafiq v. Additional Commissioner P L D 1966 Kar. 434 ref. Junaid Farooqi for Appellant. Date of hearing : 6th October, 1980. ODRBR The appellant, who was employed in the respondent-Company as a Strip-packer, was dismissed from service with effect from 31st October 1978, on the charge of unauthorisedly remaining absent from his duties, without leave, with effect from 21st August 1978. The appellant chal­lenged his dismissal order before the learned Labour Court. In his grievance petition, the appellant alleged that his dismissal orders were in consequence of the animosity of the Management which he had earned due to his trade union activities. His case is that he went on authorized leave from 18th June 1978, to his native place in Peshawar District, where he fell seriously ill, and accordingly, he got his leave extended with effect from 6th August 1978, and thereafter, sent a subsequent applica­tion, dated 10th September 1978, for extension of leave from 10th September 1978 to 24th September 1978, supported by a medical certi­ficate, but he was charge-sheeted by the Management and ultimately dis­missed from service after a domestic enquiry, which was neither fair nor impartial and which in fact was conducted by a prejudiced Enquiry Officer. The case of the respondent company, on the other hand, is that in spite of the fact that the appellant had only a week's leave to his credit, he was granted 49 days leave with effect from 18th June 1978 and this leave was further extended upon the application, dated 5th August 1978, of the appellant upto 20th…

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