Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Termination of service--Order of termination could not have retrospective effect--Termination order made with retrospective effect, held, would not become null and void but would be effective from issuance date. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Dismissal for misconduct--Domestic Inquiry--Inordinate delay--Effect of--Delay of 3 months in issuance of second show-cause notice after receipt of findings of enquiry and 3 months more in issuance of termination order, not explained--Inference of mala fide, in circumstances, would be drawn. (c) Industrial Relations Ordinance (XXI Of 1969)-- ---S 25-A--Dismissal for misconduct--Order passed while taking into consideration charges which were not communicated--Such Order, held, as not tenable in law. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against dismissal for misconduct--Objection that departmental remedy having not been exhausted petition was not maintainable, repelled. 1983 S C M R 769 rel. Muhammad Bashir Awan for Applicant. M. Ishaque Abbasi for Respondent. ORDER The applicant was appointed as a Fireman on 24-9-1970 and was said to have been promoted as Sub-Fireman on 1-5-1978. He claims to be covered by the provisions of Labour Laws. He is said to have been removed by D.P.O. Railways on 12-11-1984 on the ground of absence from duty from 16-4-1984. A charge sheet in this case was issued on 2-5-1984 and one enquiry committee submitted .its report on 13-6-1984. A show-cause notice was then issued to him on 27-9-1984. After receiving the termination letter he issued the grievance notices on 17-12-1984 and 14-1-1985 but the same were never replied. Accordingly, he brought petitions for his reinstatement with back benefits. His grievance is that the respondent No. 3 was not competent to issue any charge sheet or constitute any Inquiry Committee or also to issue any show-cause notice. He also, pleaded that in fact he was refused duty by the respondent No.3 though he repeatedly appeared for duty. 2. In the reply statement filed by the respondent it has been pleaded that the applicant…

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