| Citation(s) |
|---|
| 1983 SLG 1628 1983 SLD 1628 1983 PLC 599 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-831 of 1977/Pb., decided on 22nd December, 1981.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. LHR-831 of 1977/Pb., decided on 22nd December, 1981.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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SUPERINTENDENT, GOVERNMENT PRINTING PRESS, PUNJAB
VS
RASHID PARVAIZ
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S. O. 15 (4)-Domestic enquiry-Statement of accused recorded prior to examination of witnesses-Opportunity of cross-examination of witnesses not afforded to accused-Accused 's statement confessing charge again recorded after evidence of witnesses-Enquiry proceedings not signed by Enquiry Officer-Enquiry not proper-Dismissal order based upon such enquiry, held, stood vitiated-Re-instatement with back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Afzal Ahmad Qureshi for Appellant. Respondent in person. Date of hearing: 20th December, 1981. JUDGMENT This appeal arises from the decision dated 13-11-1977 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service with back benefits. 2. the respondent was a Book Binder in the Government Printing Press, Lahore employed on 11-4-1977. He is alleged to have been caught red-handed while stealing away a bundle of reel papers weighing about 10 seers-from the Press. He was caught at the gate after he was searched and the stolen papers were recovered from him. He was served with a show cause notice (Exh. P. 1) on 20-5-1977. He filed reply Exh. P-2. Enquiry was held which culminated in his dismissal. 3. The enquiry was not properly conducted. Original enquiry file has not been produced and certified copies are on the Labour Courts record, which showed that first of all the statement of the respondent was recorded. Thereafter, the statement of Ikhtiar Hussain Constable No. 4945 was recorded. After that again the statement of the respondent was recorded. In both the statements the…
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