Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4) (as amended vide Labour Laws (Amendment) Ordinance (XXVI of 1975)]-Amendment not retrospective in operation-Misconduct committed before enforcement of amending Ordinance-Charge-sheet served within one month of date of enfor­cement of amending Ordinance- Within time. (b) Industrial dispute- -- Domestic enquiry-Cross-examination of prosecution evidence­ Enquiry Officer disallowing certain questions put by accused to witness-Accused walking out and protesting for change of Enquiry Officer-Demand accepted and new Enquiry Officer appointed ­New Enquiry Officer failing to afford opportunity of cross-examina­tion of such witness nor recording any statement of accused whether be did not want further to cross-examine said witness-Statement of such witness, in circumstances, held, could not be used against accused. Naeem Bokhari for Appellant. Respondents in person. Date of hearing : 12th January, 1983. JUDGMENT The two appeals captioned above were decided by this Tribunal on 24th November, 1981 dismissing both of them. The Pakistan Tourism Development Corporation is aggrieved against the direction of reinstate­ment given by the learned lower Court and Muhammad Saleem attacks the correctness of the order of learned lower Court to the extent it disallowed back benefits to him. The parties went in writ petition. The learned High Court has remanded the case for redecision holding that Standing Order 15 (4) was amended after the alleged misconduct was committed and the amendment was not retrospective but this aspect of the legal question was not considered and although in the memorandum of appeal the employer had contended that the lower Court failed to properly appreciate and evaluate the evidence on the record and wrongly held that there was no defect in the enquiry proceedings but this Tribunal did not record any specific finding on the said point. It may be said in this respect with regret that both the learned counsel for the parties did not argue these points either in advertently or intentionally in order to be retained to be argued before the Honourable…

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