Law:

Section:

(a) Industrial dispute- --Domestic enquiry -Witnesses-Mentioning names of witnesses i6 charge-sheet or show-cause notice-No requirement of law­--Objection as to validity of enquiry on that account-Repelled. (b) Industrial dispute- --Misconduct ----Preventing machine operator and to stop work when time was not to close the machine-Amounts to misconduct. Shafi Muhammad for Appellant. Mahmood A. Ghani for Respondents. Date of hearing : 24th February, 1982 DECISION The appeal is directed against the order of the IInd Sind Labour Court, Karachi, dated 7th February, 1984, whereby the Labour Court dismissed the grievance application under section 25-A, I.R.O., 1969, filed by the appellant. 2. The facts are that the appellant, Muhammad Ashraf was an employee of the respondents. It is alleged that he was an active member of the Trade Union and worked for the benefits of the workers employed by the respondents. Respondents being afraid of the appellant's popularity conspired to oust him out. He was, therefore, dismissed for misbehaviour and a domestic enquiry was held. 3. The stand of the respondents is that the appellant was charge­-sheeted on 20th April, 1983. The charge-sheet, dated 20th April, 1983 recites those facts which were objectionable on the part of the appellant. It is alleged that the appellant on 19th April, 1983 left the place of his work and came to the machines being operated by an operator and forbid to operate the machines. One Supervisor, Mr. Ilyas was standing there and he told the appellant as to why he was preventing the operator from running the machines and the duty hours are yet to be completed. On this, the appellant manhandled Mr. Ilyas and caught hold of his collar and gave 2/3 slaps with the result that the collar of his shirt torn. This conduct demostrated, was not conclusive to the proper work and hence on the next day he was charge-sheeted. An enquiry was conducted and he was ordered to be dismissed. The further allegation made by the appellant was denied by the respondents and they flatly denied that there was any conspiracy against him and nor the management was jealous of the popularity of the appellant. 4. The appellant filed his…

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