Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A-Grievance notice-Workman arrested and in jail­-Services terminated-Workman coming to know about termination of service on being released on bail-Grievance notice served only after four days of his coming to know of termination, in circumstances, held, within limitation period and not time-barred. (b) Industrial dispute- --Termination of service stating that "your services no longer requir­ed"-Juniors retained-Termination order, in circumstances, held, not sustainable. (c) Industrial dispute- --Termination of service for reason of absence-Bank employee-­Absence without leave-Amounts to misconduct ---Termination for such ground-Without enquiry and opportunity of defence-Bad in law-Wage Commission Award-I, para. 258. (d) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 38-C & 38-D read with Wage Commission Awards I and III-­Decisions of Wage Commission published under S. 38-C only deemed to be an award so as to having 'binding force­ Rest of observations and recommendations of Wage Commission do not have binding force-Wage Commission not empowered to give retrospective effect to its decisions-Decision effective from date of publication from date specified in decision-Para. 234 declared as decision of Wage Commission in Third Wage Commission Award coming into operation on 1st January, 1981-Cannot be given retros­pective effect-Para. 234 not merely a procedural provision but given right to employer (Banks) to terminate services of employees on one month's notice or on payment of pay in lieu thereof without enquiry and defence opportunity-Cannot be made use of retrospectively. A I R 1951 Pa. 333 , A I R 1941 Lah. 22 ; A I R 1941 Lah. 291 ; PLD1965SC157 ; PLD1965SC1 ; PL D 1965 SC 681 and 1964 P L C 221 ref. (e) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 2 (ii), 25-A & 38-C-Award of Wage Commission-Though not covered by definition. of "award" under S. 2 (ii)-An award guaranteeing right enforceable under S. 25-A.-[1982 P L C 1 dissent­ed from]. 1982 P L C 1 dissented from. (f ) Industrial Relations Ordinance (XXIII of 1969)-- --Ss. 2 (xxviii) & 25-A-"Workman"--Workman whose services…

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