Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ----S. O. 15 (4)-Dismissal for misconduct-Accused to be informed of alleged misconduct within one month after employer comes to know of misconduct-Employer in first instance has to decide whether allegation amounts to misconduct-Bus Conductor's case­Receipt of T.T.-40 Form by Bus Conductor from Checker, held, does not amount to be an information of misconduct to accused. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. O. 15 (4)-Accused to be informed of alleged misconduct within one month of its coming to notice of employer-Time limit-Mandatory-Objection of charge-sheet being time-barred can be raised before Labour Court-Not necessary for accused to raise such objection in reply to charge-sheet---Objection particularly raised in grievance petition -- Employer, in circumstances, held, bound to show that charge-sheet was delivered in time-Labour Court, in absence of such proof by employer, held, rightly found that charge-sheet was time-barred. (c) Industrial dispute- --Dismissal for misconduct-Domestic enquiry-Undue haste by Enquiry Officer-Effect-Accused must be given ample opportunity to cross-examine prosecution witnesses and to produce defence--­Whole proceedings completed within two hours without granting any adjournment to accused to produce his defence-Undue haste by Enquiry Officer, in circumstances, held, caused miscarriage of justice. Muhammad Salim Khan for Appellant. Zafar Salim for Respondent. Date of hearing : 22nd May, 1982. JUDGMENT The appeal arises from the decision dated 30th September, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits. 2. On 3rd March, 1978 the bus No. 8416 conducted by the res­pondent from Gujranwala to Alipur was checked and it was found that he, had embezzled an amount of Rs. 3.60. He was charge-sheeted and an enquiry was held, which culminated in his dismissal. 3. It was asserted on behalf of the respondent that…

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