Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --S. 25 (5) --Scope -Dismissal order impugned-Labour Court has to go behind a dismissal order to see for itself its justification on merits as well as law-Workman served with two charge-sheets one for disobedience of transfer order and other for absence without leave-Domestic enquiry on first charge-sheet, held, ex parte ­Order of dismissal based upon separate findings of enquiries in both charge sheets-No tangible or admissible evidence adduced before Labour Court in support of first charge sheet-Labour Court finding second enquiry as fair and impartial-Dismissal order, based upon two charge-sheets one of which not established, in circumstances, held, cannot be upheld-Employer, in circumstances, held, presumed to have passed order on assumption that both the charges were established and could have been influenced by findings of guilty of charge not based upon any admissible or tangible evidence. Crescent Jute Products v. Muhammad Yaqoob, P L D 1978 S C 207 ; Chan Pir Shah v. Congothene Chemical Industries Ltd. 1981 P L C 981 ; Sher Muhammad v. Bashir Ali Khan P L D 1962 Lah. 172 and Islamabad Club v. Punjab Labour Court No. II P L D 1980 S C 307 rel. Appellant in person. Malik Sher Muhammad for Respondent. Date of hearing : 9th February, 1981. DECISION The appellant, who was employed as a workman in the respondent industries, was dismissed from service with effect from 28th June, 1979, on two separate charges, the first being that he had disobeyed the orders of his transfer from one Department to another and the second that he had remained absent without leave for a period exceeding ten days. The dismissal orders are said to be based upon two separate charges-­sheets, one dated 9th February, 1979, and the other dated 7th May, 1979. It appears that separate enquiries, though by the same Enquiry Officer, were held in respect of the above charges and separate enquiry reports made by the Enquiry Officer. In fact, in respect of the first charge-sheet, dated 9th February, 1979, alleging disobedience of the transfer orders of the appellant, a dismissal order, dated 22nd March, 1979 is said to have been issued to the…

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