Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---- S. 2 (c) & S. O. 15 (4)-Service of charge-sheet-Enquiry Officer-Dismissal order - Officer , charge-sheeting appointed as Enquiry Officer and dismissal order also issued under his signag­tures-All steps taken with approval and under direction of Manag­ing Director of establishment-No legal defect, held, occurred though it would have been better if another officer had been appoint­ed as Enquiry Officer. (b) industrial Relations Ordinance (XXIII of 1969)---- --- Ss. 25-A & 37-Service of grievance notice upon employer and filing grievance petition against employer--Impugned dismissal order issued under signatures of Administrative Officer and enquiry held and charge-sheet served by same officer-All such actions taken under directions and with approval of Managing Director of establishment-Grievance notice addressed to Administrative Officer and grievance petition also filed against same officer-Grievance petition dismissed by Labour Court on grounds that neither grievance notice served upon nor grievance petition filed against proper party-Record indicating that grievance notice seen by and replied to with approval of Managing Director and though Administrative Officer wrongly impleaded as respondent in grievance petition same was being defended under orders of Managing Director-None of grounds taken by Labour Court for dismissal of grievance petition, in circumstances, held, valid or proper and order of Labour Court set aside by Appellate Tribunal-Case remanded with direction that appellant workman be given opportunity of amending grievance petition for impleading establishment on its Managing Director as respondent. M. L. Shahani for Appellant. Ch. Rashid Ahmed for Respondent. Date of hearing : 11th April, 1983. DECISION This appeal is directed against the decision of the learned Vth Labour Court, given on 30th November, 1982, dismissing the grievance petition of the appellant workman against the termination of his services on the twin grounds that neither the grievance notice was served on the employer nor has the grievance petition been filed against…

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