Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- --- S. O. 15 (4) read with Industrial Relations Ordinance (XXIII of 1969), S. 22 (12) (b)-Domestic enquiry-Assistance by other worker-Collective Bargaining Agent can represent a worker in any proceedings-Accused workman himself Secretary of C. B. A. requesting for appointment of President of C. B. A. to assist him in inquiry-Enquiry Officer refusing such request on ground that he (President) belonged to a different establishment - Named person though belonging to a different establishment but C. B. A: of which he was President was not stranger and had been representing establishment of accused also-Appointment of such person, held, would have been violative of provisions of S. O. 15 (4) if he had not been President of C. B. A.-Accused, in circumstances, held, prejudiced by refusal of Enquiry Officer in allowing his request and enquiry thus made was not in accordance with law, and on its basis no punishment could be awarded. (b) Industrial dispute--- ---- Domestic enquiry-Copies of complete proceedings - Supply of-Not a right of accused worker - To be supplied only on demand-Accused making request for supply of a copy of enquiry proceedings before proceedings were started--No request made when there was occasion i.e. after enquiry was completed-No prejudice, in circumstances, held, caused to accused. (c) Industrial dispute---- ----Disciplinary action - Victimisation - Allegations proved in domestic enquiry-Mere fact that accused was Joint Secretary of C. B. A., held, would not be enough to say that he was victimised. H. R, Haider for Appellant Syed Noor Ahmad for Respondent Date of hearing - 19th April, 1983. JUDGMENT This appeal is directed against the decision dated 10th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The allegation against the appellant was that be misbehaved before his officer i. e., Accounts Manager. The witnesses examined in the enquiry supported the prosecution case. Certain defects in…

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