Law:

Section:

Industrial dispute- -- Domestic enquiry- Charge-sheet and enquiry notice sent not through registered post but under postal certificate-No presumption of receipt thereof could arise-Enquiry, in circumstances, held, invalid and ultimate dismissal order not sustainable-Charge-sheet having not been served permission for fresh enquiry also could not be granted because fresh charge-sheet if served would be time-barred-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3) and West Pakistan Industrial and Commercial Employment (Stand­ing Orders) Ordinance (VI of 1968), S. 15(4). Mian Muhammad Yasin for Appellant. Date of hearing : 23rd November, 1982. JUDGMENT This appeal arises from the decision, dated 26th July, 1982 passed by the learned Presiding Officer, Labour Court No. 2, Lahore whereby the res­pondent was directed to be re-instated without back benefit. 2. The respondent obtained leave from 10th April, 1979 to 13th April, 1979 and went to Karachi as his mother-in-law was ill there. He himself fell ill there and sent intimation to the appellant by post. He reported for duty on 14th June, 1979 but was delivered dismissal letter, dated 14th May, 1979. The learned lower Court has directed the re-instatement of the res­pondent on the sole ground that charge-sheet and inquiry notice were sent not by registered post but under postal certificates. No presumption arises that letters sent under postal certificate were received by the addressee. Such a presumption arises if letters are sent on the correct address by re­gistered post.…

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