Law:

Section:

Industrial dispute--- ---Charge-sheet, service of-Not essentially to be done by appointing and punishing authority-Charge-sheet, held, can be served by any . ,.,.,. Officer coming within definition of "employer" and has some kind of control over accused workman-Dismissal order challenged on ground that charge-sheet was served by Manager Administration who was not authority who ultimately imposed penalty- Plea rejected-­Manager Administration, held, covered by definition of employer-Industrial Relations Ordinance (XXIII of 1969), S. 2 (viii). Malik Bashir Ahmad for Appellant. Farooq Zaman Qureshi for Respondent. Date of hearing : 12th March, 1983. JUDGMENT This appeal arises from the decision dated 7-9-1981 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the respondent was directed to be re-instated in service without back benefits. The respondent has lodged cross-objections, which are being decided along­with the appeal. 2. The allegation against the respondent was that he on 17-6-1979 alongwith four other workers surrounded (ghaxoed) Mr. Sikander Khan. Assistant Manager Shipping and did not perform their duties from 8-30 a.m. to 10-00 a.m. The respondent had about a month before the incident given an application for his promotion on which no action had been taken and in that connection the respondent and his companions had gone to Mr. Sikandar Khan and insisted that the application be decided. 3. The learned lower Court has directed the re-instatement of the respondent only on the ground that the charge-sheet was issued not by the authority who ultimately imposed the penalty and thus the charge-sheet was incompetent. While deciding the appeals of the PECO preferred against the companions of the respondent 1 held that show-cause notice can be issued by any officer who comes within the definition of `employer', and has some kind of control over the worker concerned. The appeals were accepted and the dismissal orders were restored. The case of the respondent was decided by the learned lower Court separately, therefore, this appeal could not be decided alongwith those appeals. The companions of the respondent had gone in writ…

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