Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i) and S. O. 12(3) read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-" Workman "--Chowkidar-Duties involv­ing neither any manual nor clerical work skilled or unskilled--Not a workman-Not entitled to grievance petition before Labour Court against termination of service. (b) Industrial dispute- ---Domestic enquiry-Accused office-bearer of C. B. A. charged for alleged disorderly behaviour and raising objectionable slogans against Management-Enquiry held while Police squad present in Factory premises though not in enquiry room-Presence of Police, held, bound to have an inhibitory effect on witnesses-Witnesses employees of Establishment deposing before Labour Court that accused during enquiry proceedings expressed no-confidence in Enquiry Officer and that attitude of Enquiry Officer was harsh towards accused and further that complainant Production Manager was not pressed by Enquiry Officer to answer question of accused and was consulting such complainant while recording statement of witnesses-Enquiry, in circumstances, held, not fair and impartial ­Consequential dismissal order set aside-Management, held, free t0 hold fresh enquiry-Back benefits subject to result of fresh enquiry--Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Muhammad Humayun for the Management. M. L. Shahani for the Workmen. Date of hearing : 31st July, 1980. ORDER These three appeals are all directed against a common decision, given on 13th April, 1980 by the learned First Labour Court, by which it rejected the grievance petitions filed by workmen Sneed Butt and Bashir Ahmad against their dismissal from service and allowed the grievance petition filed by workman Bakht Rawan and directed that he be re-instated in service. Appeal No. KAR-270 of 1980 has beets filed by Messrs Sandoz (Pakistan) Ltd. hereinafter referred to as the Company, against the orders for the re-instatement in service of workman Bakht Rawan while Appeals Nos. KAR-291/80 and KAR-291/80 have been filed by workmen Saeed Butt and Bashir Ahmad against the rejection of their grievance petitions. As the…

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