Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. 15 (4)-Misconduct-Domestic enquiry-To be conducted by an independent person-Mandatory-Enquiry must be conducted by person unconnected with incident of alleged misconduct and further must enter upon enquiry with an open and fresh mind­Person who not only issued suspension order but further described action of accused a "gross misconduct" which was yet to be investi­gated and enquired into-Can hardly be described as an independent person fit for bolding enquiry-Enquiry conducted by such person, held, breach of mandatory requirement that enquiry must be conducted by an independent person-Enquiry proceedings, findings thereof and resultant dismissal order-Invalid. (b) Industrial Relations Ordinance (XXIII of 1969)---- ------S. 25-A & 38(3)-Grievance petition against dismissal for misconduct-Dismissed by Labour Court-Appellate Tribunal on appeal finding that domestic enquiry not conducted by an indepen­dent person but by same person who had ordered suspension order and described alleged action of workman as "gross misconduct" prior to enquiry-Tribunal, in circumstances, setting aside dis­missal order leaving it open to employer to hold fresh enquiry by an independent person and making back benefits dependent upon result of such enquiry. M. L. Shahani for Appellant. Syed Qamaruddin Hassan for Respondent. DECISION The appellant, who was employed as a Waiter in the Sind Club, the respondents herein, was dismissed from service with effect from 29th September, 1975 on the basis of a domestic enquiry in which it is said that it had been established that the appellant assaulted and attacked the Catering Manager of the Sind Club in the Office of the Accountant of the club. The appellant challenged the orders of his dismissal before a Junior Labour Court, Karachi. On the abolition of the Junior Labour Court the case was transferred for disposal to the learned Fifth Labour Court which dismissed the appellant's grievence petition, holding that the enquiry conducted against the respondent was absolutely valid, proper and legal and no prejudice, whatsoever, has been…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492