Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance notice--No particular form prescribed--Aggrieved workman informs employer that if grievance not redressed he will go to Labour Court for redress--Appeal or representation to higher authority if not statutory requirement of Rules of Establishment, held, deemed to serve purpose of grievance notice and limitation for grievance petition-would start from date of such appeal or representation. 1985 P L C 764 ref.' (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (Vt. of 1968)-- ---S.O. 15(3)--Misconduct--Habitual absence--Series of absence in 8 consecutive months totaling 46 days without application--Held, rightly treated as habitual absence amounting to misconduct. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 15(4)--Industrial Relations Ordinance (XXIII of 1969), S.'25-A-­Dismissal for misconduct--Domestic enquiry--Pre-supposes fulfillment of all legal requirements which possibly be conceived within requirements of rules of natural justice--Copy of enquiry report not supplied and personal hearing not given--Violation of mandatory requirements--Labour Court arriving at conclusion that alleged misconduct proved--Dismissal order, in circumstances, set aside only to extent that petitioner who had already seen enquiry report after petition before Labour Court and had cross-examined on documents relied upon in enquiry shall be afforded opportunity of personal hearing by employer. M.L. Shahani for Applicant. Kamal Mansur Alam for Respondent. DECISION This is application under section 25-A of the I.R.O., filed by Mr. Zafar Hussain, against the Pakistan Steel Mills Corporation Ltd., for reinstatement, with back benefits. 2. Applicant claims, that, he was employed as Junior Electrician, in the establishment of the respondent, on 30-11-1976. After various assignments, his final job was, of "winder", in the Central Electrical Maintenance Department. 3. Applicant was charge-sheeted on 15-8-1983, for the negligent of work, and habitual absence, without leave. Respondent rejected his explanation, and held the…

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