Law:

Section:

(a) Industrial dispute- ---Domestic enquiry-Mere haste in holding and finalising proceedings-Not sufficient to invalidate enquiry proceedings. (b) Industrial dispute- --Domestic enquiry-Accused not participating having been granted leave by authorised medical officer on grounds of sick­ness-Statements of prosecution witnesses recorded in absence of accused and reserved for cross-examination on next day-Such statements, held, could not properly be used as basis of findings-­Accused not appearing and not cross-examining witnesses even next day crucial witness not being available-Medical certificate regarding further leave altered allegedly under instructions of Management-Concluding inquiry ex parte, in circumstances, held, not justified -Accused not afforded fair opportunity of defence Dismissal order, in circumstances set aside leaving Management free to hold fresh enquiry. M. L. Shahani for Appellant. M. A. Khan for Respondents. Date of hearing: 8thSeptember, 1981, ORDER The- appellant, who was employed as a steward in the Pakistan International Airlines, the respondents herein, was dismissed from service, with effect from 21st September, 1980 on the following charge:- "That on the last sector of fight Pk 782/28088C (THR-KHI) a pax girl of 12/13 years age occupying seat No. 51-E required your assistance regarding working of toilet light and latch. You entered the toilet alongwith the pax girl and bolted the latch, grabed the girl and tried to kiss her. The girl complained your behaviour to the Purser Mr. Sardar A. Brohi, AH/Maqsooda and CSO/Jaffer which you admitted later on before them in writing". The said charge is stated to have been established against him in a domestic enquiry held on 8th and 10thSeptember, 1980. The appellant challenged the orders of his dismissal before the learned 1Vth Labour Court which has dismissed his grievance petition, holding that the misconduct of the appellant had been duly established in a domestic enquiry. Aggrieved by this decision, the appellant has come up in appeal to this Tribunal. 2. The main grounds on which Mr. M. L. Shahani, the learned counsel for the appellant, has assailed the impugned decision of the learned…

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