Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38 (3)-Grievance petition against dismissal for misconduct-Enquiry notice not proved to have been served upon accused-Because of no knowledge accused could not appear and defend-Enquiry, in circumstances, held, not legal and no punish­ment could be awarded on basis of such enquiry-Punishment of dismissal from service, in circumstances, held, amounted to condemnation without being heard hence rule of audi alteram partem applied vitiating whole proceeding including punishment order:-- Held: It was not merely a technical defect hence back benefit also allowed by Appellate Tribunal. Khalid Farooq for Appellant. Asghar Mahmood for Respondent. Date of hearing: 1st October, 1983. JUDGMENT The titled appeal emerges from the decision, dated 16th June, 1982 passed by the learned Presiding Officer, Punjab Labour Court. No. 1, Lahore, whereby the appellant was directed to be re-instated in service, but back benefits were not allowed for the reason that he had succeeded only on technical ground. The appellant has in this appeal claimed back benefits. 2. The learned lower Court has clearly held that service of enquiry notice Exh. R-5 was…

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