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Industrial dispute- --- Domestic enquiry-Enquiry Officer with findings of enquiry recommending penalty of dismissal-Such recommendations-Do not invalidate proceedings or action. Rafiq Malik for Appellant. Date of hearing : 27th January, 1980. ORDER This appeal is directed against a decision of the learned IInd Labour Court given on 15th December, 1979 dismissing the appellant workman's grievance application against the dismissal from service. 2. The appellant workman, who was employed in the respondent establishment as a rewinder in the Reeling Section, was dismissed from service, vide the respondent establishment's order, dated 5th November, 1978. He challenged the dismissal orders before the learned Labour Court on the grounds, firstly, that no enquiry was held against him and he was merely made to affix his thumb-impressions on certain documents by the Enquiry Officer, secondly that he was not given adequate time to submit his explanation to the second show-cause notice and that lastly the charges of misconduct, on the basis of which the dismissal orders were passed in respect of him, were not only not proved but were false and baseless. The learned Labour Court has repelled all these conten­tions. It found that a due enquiry was held against the appellant by the respondent-Establishment's Labour Officer, Yousaf Khan, who examined 2 witnesses, in the enquiry, namely Saif Malooq, Jobbber in the Reeling Shift and Shafiq, Shift Incharge, besides recording the statement of the appellant. The thumb-impressions of the appellant appear at the foot of these statements. The mere fact that the appellant did not cross-examine either of the above witnesses cannot suggest as inference that no enquiry was held. The Enquiry Officer was examined before the learned Labour Court and he stated on oath that due enquiry was held by him against the appellant. There was thus sufficient material before the Labour Court to hold that a proper domestic enquiry was held against the appellant. 3. The next contention of the appellant that he was not given adequate time to reply to the second show-cause notice is also without substance. The second show-cause notice was issued on 23rd…

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