Law:

Section:

(a) Leave to appeal to Supreme Court-Industrial dispute-Leave granted to consider whether dismissal of employee of company could be set aside by Tribunal and re-instatement ordered-Constitution of Pakistan (1956), Art. 160. (b) Industrial dispute-Enquiry re-conduct of employee-Dis­allowing employee's questions which were either being repeated or were of no assistance in enquiry-Not equivalent to shutting out cross-examination--No violation of natural justice-Finding of Enquiry Officer upheld. The Company's charge against the employee, who was Secretary of the Company's Workers Union, was one of wilful insubordination or disobedience and disorderly behaviour during working hours in the premises of the Company's Factory. As a result of an inquiry, the employee was dismissed. The Tribunal, on reference, set aside the dismissal, holding that the employee was not allowed to cross-examine the principal witness. The Company's explanation was that the employee was merely repeat­ing certain questions in cross-examination and that the Enquiry Officer was entitled to rule out such questions. Before the Tribunal, the Enquiry Officer, appearing as a witness, stated on oath that he had stopped the employee from putting certain questions as they were being repeated, and further, that he felt that the questions would be of no assistance in the inquiry, and that, apart from this, he had not limited in any manner the employee's right to cross-examine the witness. Held, that the onus, which lay on the employee, to establish that material questions had not been allowed to be put to the witness to the prejudice of the employee, had not been discharged and that the enquiry was not vitiated, The Tribunal misdirected himself in law when he took the view that there had been a dis­regard of the principles of natural justice, on the above facts and there was no foundation for such a finding on the record. JUDGMENT S. A. RAHMAN, J.-This is an appeal by special leave from an award given by the Industrial Tribunal Karachi on a reference made to it by the Central Government under subsection (1) of section 10 read with subsection (1) of section 7 of the Industrial Disputes Act of 1947. The…

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