Law:

Section:

West Pakistan .Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----- ---S.1(4), second proviso and S.Os. 12(4) & 15--Termination of service of permanent worker for misconduct--Holding of enquiry --Essential not-withstanding fact that total numbers of workers employed in Factory was less than 49. Messrs Ittehad Steel Re-Rolling Mills, Rawalpindi v. Jalal Khan P L J 1978 Tr. C. (Labour) 122 rel. Hanif Ahmad Dogar for Appellant. Ejaz Anwar for Respondent. Date of hearing: 13th April, 1978. JUDGMENT This is an appeal against the decision dated 6-10-1977 of Punjab Labour Court No.4, Faisalabad. 2. Jan Muhammad, respondent was employed as a Weaver in the appellant's Factory. It was alleged by him that on 30-4-1977 the appellant with the help of some vagaponds' gave a beating to him and obtained his thumb-impression on a blank paper by force although he used to sign. He was then locked-out with effect from 1-5-1977. He served the appellant with a grievance notice on 8-5-1977 and, thereafter, filed a petition under section 25-A of Industrial Relations Ordinance, 1969 on 18-5-1977. The respondent denied all the allegations and contended that Haji Qadir Din, father of the appellant had no connection with the Factory. The appellant also averred that the W.P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 did not apply to the Factory. He asserted that the respondent had resigned from service of his own accord. Before the Labour Court the appellant did not argue on the preliminary objections, but simply asserted that the respondent had thumb-marked his resignation chit with his own free-will. The learned Labour Court did not accept the plea of the appellant and accepted the petition of the respondent and ordered his re-instatement with back benefits. 3. Aggrieved by the above decision, Muhammad Afzal s/o Haji Qadir Din, Proprietor, Afzal Textile Factory, Faisalabad, appellant has preferred this appeal. 4. From the perusal of the record I find that the respondent, who appeared as P.W.1, stated that on 30-4-1977 at about 5.45 p.m. he was called by Haji Qadir Din in his office, where his two sons Afzal and Aslam were…

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