Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4)- Communication of charge- Limitation of 30 days-Begins from date alleged act coming to notice of employer-­Alleged misconduct coming to knowledge of management but time spent in collecting proof and charge-sheet served after expiry of 30 days-Charge-sheet, in circumstances, held, time barred-Grie­vance petition against dismissal based upon such charge-sheet, held, rightly accepted- Workman, however, held not entitled to back benefits - Industrial Relations Ordinance. (XXIII of 1969), Ss. 25-A & 38 (3). (b) Industrial dispute- --- Misconduct---Obtaining licence as practising lawyer and getting enrolement of District Bar during subsistence of service-Amounts to misconduct whether or not actually practising. Asghar Mehmood for Appellant. Mian Abdul Latif for Respondent. Date of hearing : 15th May, 1982. JUDGMENT This appeal is directed against the decision, dated 30th September, 1981, passed by the learned Presiding Officer. Punjab Labour Court No. 5, Faisalabad, whereby he accepted the grievance petition of respondent and directed his reinstatement with back benefits. 2. The respondent was Senior Operator employed with the appellant. According to the learned counsel for the appellant the appellant received information from Muhammad Afzal Khan Niazi, President C. B. A. that the respondent was member of Mianwali Bar Association and being voter had cast vote also in the election of the office-bearers of the said association. He also says that Muhammad Afzal Khan had supplied copy of the members of the Advocates of Mianwali also which was bearing the name of the respondent. The appellant sent letter copy of which is Exh. R. 3 to the Advocate-General for supply of list of the members of the Mianwali Bar. According to the learned counsel for the appellant reply Exh. R. 2 was received. Exh. R. 2 is the report of the Secretary Punjab Bar Council to the effect that the respondent bad been enrolled on 16th November, 1978. This fact is not denied by the respon­dent that he was enrolled as member of Mianwali Bar. But his case is that he was not a practising…

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