Law:

Section:

(a) Industrial dispute-- ----Domestic enquiry-Appointment of Enquiry Officer before receipt of reply of charge-sheet from accused-Accused refusing to receive charge-sheet sent through registered post--Charge-sheet pasted on notice board of Factory-Inquiry Officer appointed before receipt of reply to charge-sheet-Enquiry commenced after such reply received and considered by Management -Mere appointment of Enquiry- Officer before receipt of reply to charge-sheet, in circumstances, hell, would not vitiate enquiry proceedings or ultimate penalty order. Post Master-General, Central Circle, Lahore v. Izharul Haq 1978 P L C 288 ; 1978 P L C 232 and 1.980 P L C 136 ref. Dawood Cotton Mills Ltd. v. Guftar Shah P L-D 198f S C 225 ; S. M. Irfan v. Pakistan Defence Officers Co-operative Housing Society Ltd. 1981. P L C 192 and Ferozedin v. Government of West Pakistan 1972 P L C 521 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. Os, 15 (3) (a) & 15 (4)-Habitual absence from duty-Charge of-Service within one month-Charge contemplates absence on widely separated dates-Last absence from duty to be within period of one month contemplated by S. O. 15 (4)-Accused alleged to have remained absent on various occasions during past 2 years -Such absence brought to notice of accused previously-Charge-sheet served within one month of period of last absence-Charge-sheet, in circum­stances, held, quite valid, Atlas Group of Companies Employees' Union v. Atlas Autos Ltd. 1981 P L C 341 ; Muhammad Muneer v Bawany Violin Textile Mills Ltd. 1972 P L C 312 and 1969 P L C 1439 ref. (c) 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. 15(2)& (3)-Grievance petition-Scope and jurisdiction of Labour Court-­Labour Court to see whether misconduct falling within S. O. 15 (3) properly established and whether punishment is of type specified in S. O. 15 (2)-Quantum of punishment-Beyond jurisdiction of Labour Court.. Pakistan Tobacco Company Ltd. v. Chanan Khan and others Civil Appeal No. K-136 of 1976 (unreported)…

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