Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for mis-conduct--Evidence of witnesses in domestic enquiry recorded in absence of accused--Enquiry defective--Order of Labour Court directing re­instatement of accused workman, in circumstances, held, un-exception-able--Employer in such circumstances has a right to hold fresh enquiry-­Appellate Tribunal in order to finalize dispute disallowing holding fresh enquiry and in lieu thereof disallowing back benefits allowed by Labour Court--Security of service, held, better than back benefits. (b) Industrial dispute----- --- Estoppel--No estoppel against provisions of codified law or statutory rules notified in official Gazette--Estoppel--Principle--Not applicable with regard to reported case-law because general presumption - that every citizen is aware of law does not arise in respect of reported case-­law--Grievance petition before Labour Court contested on grounds that grievance notice having been served through Advocate was not valid-­Such objection not stated precisely in written statement where only mention was that notice was not legal--Supreme Court's ruling being relied in that respect also not cited--Labour Court dismissing grievance petition and petitioner (workman) without loss of time filing valid grievance petition within 3 days--Objection that second grievance notice was time-barred--Plea that petitioner should have withdrawn previous grievance petition immediately because objection as to legality of grievance notice was mentioned in written statement and should have immediately, thereafter filed valid grievance notice--Further plea that there was no estoppel against law--Petitioner (workman) being unaware of precise objection--Objections and pleas, in circumstances, rejected and second grievance notice, held, not time-barred--Grievance notice--Industrial Relations Ordinance (XXIII of 1969), S.25-A. 1980 P L C 342; 1984 P L C 1639; 1983 P L C 1075; 1966 SCMR 274; P L D 1969 S C.167; 1982 S C M R 752; 1975 S C M R 259 and PLD 1977 S C 102 held not applicable. Naeem Bokhari for Appellant. Muhammad Zaman Qureshi for Respondent. Date of…

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