Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4)-Domestic enquiry - Notice sent through registered post at given address received back with endorsement by postal authorities of same being refused-Notice again published in newspapers-Accused, in circumstances, deemed to have been given notice because everything reasonably required done--Conten­tion regarding enquiry being held without notice, in circumstances, rejected. Dawood Cotton Mills Limited v. Guftar Shah and others P L D 1981 S C 229 rel, Mirza Mohammad Naeem for Appellant. Date of hearing: 11th January, 1982. DECISION The appellant, who was originally appointed as Security Guard in the Pakistan Machine Tool Factory Ltd., the second respondent herein, but was subsequently transferred to the post of helper on account of his misbehaviour and misconduct with another Security Guard, and who °had been previously warned on more than one occasion for absenting himself without leave, was dismissed fro n service, vide order, dated 10th January.- 1981 on the charge of unauthorisedly remaining absent from his duties for mare thin ten days with effect from 14th December, 1980. The appellant challenged the orders of his dismissal by way of a grievance petition before the learned IVth Labour Court and the main grounds urged by him in his grievance petition were, firstly, that his absence from duty was unavoidable due partly to his dispute with his tenants of agricultural property and partly on account of his ill-health secondly, that he had been given no notice of the domestic enquiry said to be held against him and lastly that the orders of dismissal were invalid and were due to the fact that he had been taking keen interest in the union -affairs. The learned Labour Court rejected all the contentions of the appellant and has held that the appellant had unauthorisedly remained absent for a period exceeding ten days and that a proper domestic enquiry was held against him of which notice was given to him both through post as well as by publication in the newspapers. It has, accordingly dismissed the appellants grievance petition and the appellant has now come…

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