Law:

Section:

Industrial dispute--- ----Dismissal for misconduct-Accused unreasonably walking out and boycotting enquiry stating that enquiry be held by Officer of Labour Directorate as already requested by him---Enquiry Officer justified to hold ex pane enquiry --No complaint against ex parte enquiry made to management-Sufficient tangible evidence on record of enquiry to establish alleged misconduct - Dismissal order in circumstances, held, rightly not interfered with by Labour, Court-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38. Mohammad Hanif Kaimkhani for Appellant. Date of hearing : 4th September, 1982. ORDER The appellant, who was employed as a Ring Double Sider in the respondent mills, was served with charge-sheet, dated 16tbi December, 19811. The charges against the appellant were, firstly, that on the night between 16/17th December 1980, it was found that he had abandoned his machine and he himself w is found sleeping in the Chandoo Khana, with the consequence that the yarn produced on the machine was spoiled and damaged and secondly, that on the same night when Jobber, Nizamuddin questioned the appellant about his negligence, the appel­lant assaulted the jobber with a Balon. The appellant submitted his reply to the charge-sheet, dated 19th December, 1980, in which he dented both the allegations made against him in the charge-sheet. As the management was not satisfied with the explanation of the appellant, the Record Keeper, Abdul Latif, was appointed as an enquiry officer against the appellant and the enquiry was fixed for 24th December, 1980. The appellant objected to the enquiry being held against him on the grounds, firstly, that the enquiry to be held by an officer of the Labour Directorate and secondly, that the A. S. 1. police and certain other witnesses named by him be called in defence. However, on 24th Decem­ber, 1980, the appellant did appear before the enquiry officer, Abdul Latif, but when he was informed that his request for the enquiry to be con­ducted by an officer of the Labour Directorate had been rejected he and his co-worker, Qamaruddin, whom he had nominated to assist him, walked out and boycotted the enquiry, with the…

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