Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). S. O. 12(3)-Grievance petition against termination of service-Terms of agreement ;;;,providing appeal against dismissal to an executive of employer--Failure to prefer appeal under such agreement-Does not disentitle workman to take proceedings in accordance with law. Ibrahim Soomro for Appellant. Bashir Awan for Respondent. Date of hearing : 25th November, 1982. ORDER The respondent, who was employed in the appellant organization since 2nd April, 1974 was deputed to work at the appellant's project in Iraq under the terms and conditions laid down in the agreement, dated 6th May, 1979. However, it appears that the respondent actually proceeded to Iraq in the month of November, 1979. According to the appellant organization, a domestic enquiry was held against the respondent as he had falsely comp­lained that 2 dead hens had been cooked in the Mess established for the employees of the M. C. P. at Iraq. It is further the case of the appellants that on the basis of report of the enquiry officer, who not only found the charge against the respondent established but also recommended stringent punishment against the respondent, the services of the respondent were terminated and he was repatriated to Pakistan. On the other hand, the case of the respondent is that on 23rd June, 1981, without any justification and reason, the Incharge of the Appellants' project at Iraq relieved him to his duties and assignments at Iraq and verbally advised him to report back for duty to Pakistan and accordingly he returned back to Pakistan and for duties at the Jamshoro Unit from where he had been deputed to the Iraq project. At Jamshoro, the respondent was advised to wait. Thereafter, by office order. dated 27th July, 1981 under the signature of the Deputy Manager, Workshop, M. C. P. Jamshoro, the services of the respondent were terminated. These orders purport to have been passed on the basis of Telex No. B S. 5352, dated 28th June, 1981, said to have been received from Project Manager of the M. C. P. at Iraq. The said telex,…

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