Law:

Section:

Heat Pakistan Industrial and Commercial employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15(4)--Domestic enquiry--Service of charge-sheet and considering reply of accused--Necessary before appointing Enquiry Officer--Charge-sheet not served--Enquiry in circumstances, held, defective--Fact that accused was otherwise aware of alleged charge, held, not sufficient to wash of irregularity--Labour Court, in circumstances, held, rightly directed re-instatement--Order of Labour Court permitting fresh enquiry after service of charge-sheet and making back benefits subject to result of such enquiry also upheld by Appellate Tribunal--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A a 38(3). Kanwar Shamim Akhtar for Appellant. Shamim Ahmad for Respondent. Date of decision: 23rd February, 1982. JUDGMENT The two appeals captioned above arise from the decision, date 9-9-1979 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the grievance petition of the respondent for his re-instatement was accepted and he was ordered to be re-instate but the appellant was permitted to conduct fresh inquiry and was further directed to give back benefits to Muhammad Shaft if in inquiry he was found to be not guilty. The management has challenged the order of re-instatement whereas Muhammad Shafi has challenged the direction that reinquiry be made on the same charge-sheet. Since bott the appeals arise from the same judgment, therefore, they are disposed of together through. this judgment. In this judgment the General Manager, Lyallpur Cotton Mills will be described as appellant and Muhammad Shafi as respondent. 2. The respondent was working in the day shift and was by verbal order directed to work in night shift. The respondent did not work in the night shift and was marked absent. He was charge-sheeted for remaining absent for more than ten days. The charge-sheet way sent at his home address by registered post but it came back with the report that the addressee had not been found at the given address. No fresh attempt was made to serve the charge-sheet upon the respondent through registered post nor by means of substituted means of…

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