Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---S.25-A--Workman--Dismissal--Appellant workman requesting for change of enquiry officer, but his request rejected and not communicated in time--Appellant also denied opportunity to defend himself properly on account of undue haste made by management by informing him about new date of enquiry on same day on which enquiry was started--Ex parte dismissal order based on such an enquiry, held, not sustainable-­Dismissal order set aside, in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Back benefits, claim of--Dismissal order set aside on technical grounds--Employee, held, not entitled to back benefits. Ch. Ghulam Qadir Cheema for Appellant. Nemo for Respondent. Date of hearing: 20th June, 1982. JUDGMENT In this appeal the decision dated 28-4-1979 passed by the learned Presiding Officer Punjab Labour Court No.1, Lahore has been challenged, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The appellant was a Lifter in the respondent establishment. He was dismissed from service on 7-10-1978. A charge-sheet was given to him on 31-8-1978 on the allegation that he had, disobeyed the order of Ch. Sardar Ahmad, Deputy Plant Manager and had insulted him. The appellant gave reply to the charge-sheet on 4-9-1978. An enquiry notice was also served upon him, but he did not participate in the enquiry and sent an application for leave attaching to it a medical certificate. The leave application is Exh.D-4 and the medical certificate Exh.D-5. The leave was refused. Since the appellant did not join the enquiry, he was proceeded against ex parte. 3. It has been argued by the learned counsel for the appellant that no intimation regarding the rejection of leave application was sent to the appellant. It appears that the very leave application was sent as a plea not to join the enquiry. The date of enquiry was 18-9-1978 and on the said date the application for leave was sent by registered post. The appellant must have realised that the leave application which was being sent by registered post could not in all probabilities reach the competent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492