Law:

Section:

(a) Industrial dispute- -- Domestic enquiry -- Evidence - Accused charged of beating complainant workman in presence of three witnesses-Two witnesses riot supporting charge and resiling from their written statements given soon after incident apparently for reason that accused forming themselves into pressure group and threatening manhandling any person opposing them-No reason on record as to why complainant and third witness should falsely implicate accused-Statement of complainant and third witness and previous written statement of two resiling witnesses, in circumstances, held, sufficient to prove charge. P L D 1980 Lah. 518 rel. (b) Industrial dispute- --- Domestic enquiry--Impartiality of Enquiry Officer-Adjourn­ments granted on request of accused though opposed by complainant-Interim orders indicative affording full opportunity of production of defence evidence and cross-examination of prosecu­tion witnesses-Such facts, held, sufficient to show impartiality of Enquiry Officer. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15(3)-Misconduct -Workman charged for beating another worker-Incident occurring outside in front of factory premises but a necessary consequence of what had happened inside factory premises-Contention that incident having taken place outside factory premises same would not constitute misconduct, in circum-stances, repelled-Such act, further held, would be subversive of discipline and constituted misconduct even beyond factory hours. 1969 P L C 789; 1978 P L C 493 and 1964 P L C 342 rel. (d) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 8-A & 25-A-Point not raised in grievance notice-Cannot be allowed at stage of hearing of grievance petition-Contention that (1) impugned dismissal order was not passed by person competent to do so, (2) dismissal order passed during pendency of application of accused before Registrar, Trade Unions for registration of Labour Union-Such law points not raised in grievance notice-Plea that accused being illiterate were not aware of technicalities of law ­Accused in reply to charge-sheet taking stand that alleged incident happened outside…

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