Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---- S. 25-A read with North-West Frontier Province Service Tribunals Act (I of 1974), S. 2(ii)-Work-charged employee of Buildings and Roads Department (Road Inspector)-Declared by Government to be a regular Government servant-Cannot seek remedy before Labour Court-Grievance petition against dismissal filed before Labour Court under impression of being a work­ charged employee, in circumstances, returned by Labour Court for presentation before proper forum i. e. Service Tribunal ­Prosecution of remedy before Labour Court, in circumstances, held, in good faith. P L D 1976 Pesh. 469 ref. Date of institution: 29th June, 1978. ORDER Luqman Qadir, Ex-Road Inspector, Office of the Buildings and Roads Division, Mardan has filed the present petition against the Executive Engineer, Buildings and Roads Division, Mardan under section 25-A of the I. R. O. 1969, against the Office Order No. 2659/7-E., dated 25th May, 1979 passed by the respondent whereby the petitioner was dismissed from service and was also debarred from future employment in any Govern­ment Department. The facts alleged in the petition are that the petitioner who was employed as Road Inspector under the respondent was charge-sheeted on 1st February, 1978 for allegedly dabling in politics and for being allegedly under the influence of Ex-Provincial and Central Ministers. The peti­tioner denied the charges in his reply. Subsequently the petitioner was served with show-cause notice on 20th May, 1978 without any enquiry and the list of charges which were stated to be proved was considerably enlarged and the charges were improved upon charge-sheet adversely to the interest of the petitioner. The petitioner submitted his reply to the charge-sheet on 24th May, 1978 in which be denied the allegations and pleaded that he was being victimised for his trade union activities. Thereafter the petitioner was dismissed from service vide the impugned order. The petitioner served a grievance notice upon the respondent on 21st June, 1978. The dismissal order has been questioned on various legal and factual grounds. Exh. P. W. 1/7, is the grievance notice, Exh. P. W. 1/3, is…

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