Law:

Section:

(a) Industrial dispute- -- Domestic enquiry--Bias-Making interpolations in absence of accused-Reflects upon conduct of Enquiry Officer-Sufficient to show that Enquiry Officer is biased and wished to bring material on record to return verdict of guilty. (b) Industrial dispute-- -- Domestic enquiry--Cross-examination of witness-Purpose-To put to test veracity of witness and to satisfy that what has been stated by him is correct--Enquiry Officer not cross-examining prosecution witness and examining, defence witness-Contention that such pro­cedure was due to partiality-Rejected-Putting of some questions by Enquiry Officer to defence witness, held, could not be treated as due to partiality. (c) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38-Domestic enquiry-Interpolation made by Enquiry Officer in absence of accused-Such illegal addition going to root of case-Pointed out not in grievance notice but before Labour Court ­Enquiry not fair and satisfactory--Labour Court, in circumstances, held, should have accepted grievance petition-Dismissal order set aside by Appellate Tribunal. Shaukat Ali v. Cofcot Textile Mills Ltd. 1980 P L C 175; Pakistan Electricity Reveune v. WAPDA 1980 P L C 916 ; Karachi Port Trust v. Usman 1979 P L C 176 and Zeenat Shirt Factory v. Wall Muhammad 1978 P L C 429 distinguished. Muhammad 1kram for Appellant. Asghar Mahmood for Respondent. JUDGMENT This appeal arises from the decision dated 5th November, 1979 record­ed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby the grievance petition of the appellant for his re-instatement was dismissed. 2. He was charge-sheeted for being involved in two incidents, the one took place on 12th August, 1976 within the factory and the other is alleged to have taken place on 13th August, 1976 outside the factory within the colony area near the Fair Price Shop. So fat as the first incident is con­cerned the allegation against the appellant is that he absented himself for a short time and brought two strangers in the factory and with their help attacked and belaboured Faqir Hussain and Muhammad Aslam Khan. The staff of the stores near which the occurrence took…

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