Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.47 read with S.25-A--Permission for dismissal of office-bearer of Trade Union for misconduct during pendency of industrial dispute--Scope of S.45--Labour Court to see whether prima facie case of misconduct made out and it was not a case of victimization on account of trade union activities--Not to sit in appeal on detailed facts and findings of enquiry--Contention that Labour Court should have seen that correct procedure in framing charge and holding enquiry had been adopted and accused was correctly found guilty of misconduct--Rejected--Such contention if accepted ultimate grievance petition under S.25-A would be liable to dismissal on grounds of res judicata. Habib Bank Staff Union v. Habib Bank Limited, Sahiwala 'Zone' 1978 P L C 521 rel. Muhammad Ikram for Petitioners. M.A. Ghani for Respondent. Date of hearing: 24th May, 1978. JUDGMENT These are revision petitions against separate orders of the Labour Court granting permission to the respondent to dismiss the petitioners from service. 2. All the petitioners are office-bearers of a Registered trade union and an industrial dispute raised by the said union is pending before the Conciliator. All the petitioners were bus conductors and had been charge-sheeted for fraud amounting to misconduct. An enquiry was conducted against them and they were found guilty of the alleged misconduct. Thereafter, second show-cause notices were also issued to them and only the final orders had to be passed against them. Therefore, the respondent in all these cases sought permission under section 47 of Industrial Relations Ordinance, 1969 from the Labour Court to dismiss them. In the case of Bashir Ahmad, petitioner, the permission was granted vide order, dated 26-2-1978 while in the cases of the rest of the petitioners the permission was granted vide common order, dated 17-10-1977. 3. Aggrieved by the above orders, Allah Ditta, Jahangir Mazari, Gulzar Ahmad, Ghulam Shabbir and Bashir Ahmad, petitioners have preferred separate revision petitions. Since the point of law involved in all these petitions is the same, they will be disposed of together by one judgment. 4. The learned…

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