Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A (5)-Grievance Petition before Labour Court-Scope ­Labour Court can go behind impugned dismissal order-Jurisdic­tion not restricted to adjudicate procedural matters of domestic enquiry-Labour Court to satisfy justification of impugned order both on merits and law. 1975 S C M R 46; P L D 1973 S C 514; P L D 1976 Kar. 376 and P L D 1976 Kar. 1100 ref. N L R 1978 Labour (Lab.) 586 fol. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. I (4) - Applicability of Ordinance-Nursing Home run on commercial lines and a limited company employing over 200 employees-Commercial establishment within ambit of Ordinance. (c) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 1 (3) & 25-A read with Industrial Relations (Amendment) Ordinance (LI of 1979) -Amendment promulgated on 20th Sep­tember, 1979 regarding exclusion of hospitals, nursing homes from ambit of Industrial Relations Ordinance, 1969 - Prospective and' not retrospective on substantive right of parties to make petition to Labour Court-Cause of action accruing prior to promulgation of amending Ordinance-Contention that right either to file or to continue grievance petition by workman of nursing home was lost after promulgation of amending Ordinance-Rejected. Saeed Ahmad v. State P L D 1964 S C 266 fol. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). --S.O.15 (3) (h)-Misconduct-Act subversive of discipline and wilful insubordination-Employee of Nursing Home-Using abusive and filthy language during duty hours on premises adjoining Sur­geon's room-Adopting rude, vulgar and misbehaving attitude towards superior when remonstrated by him for such improper conduct-Such action, held, would fall within definition of "subver­sive of discipline" and "wilful insubordination" particularly in an establishment like Nursing Home-Describing such action as more tempramental talk, held, wholly misconceived--Penalty of dismissal, held, justified. 1978 P L C 173 ref 19-70 L L C 397 ref (e) Industrial dispute. -- Domestic enquiry-Change of Enquiry Officer-Enquiry partly…

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