Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry--Notice of--To be given to accused at address within knowledge of management--All possible steps to be taken to apprise employee to appear in domestic enquiry. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(3)(e)--Misconduct--Absence of more than 10 days--Absence whether intentional or due to reasons beyond control of accused--Question of fact requiring findings by Enquiry Officer in domestic enquiry. (c) Administration of justice-- ---Requirements--Enquiry officer was required to confine enquiry to facts in issue only and give finding independently, with due regard to fact that in cases of charge-sheet against enquiry, as part of administration officials, trust reposed upon him required fair and just findings in administration of justice. M.L. Shahani for Applicant. Kamal Mansur Alam for Respondents. ORDER Nazir Ahmad Mallah has filed application under section 25-A Industrial Relations Ordinance, 1969 for seeking directions to the effect that the finding given in an ex parte enquiry, dismissing from the job of which he was the confirmed employee is illegal and also directions be issued to the management to re-instate him with all the back benefits and the continuity of service. 2. Applicant was employed on 20-11-1978 and was presently working, as Crane-driver in the respondent establishment. 3. On 15-4-1985, notice of show-cause was issued against the applicant showing his absence from more than 10 days from 1-4-1985. 4. Applicant had also sent an application for earned leave due to his wife's sickness which was said to have been received on 15-4-1985. 5. Applicant did not receive any intimation regarding enquiry and was dismissed. 6. Respondent has filed written statement through Senior Manager Law and contended that several notices of enquiry were sent to the applicant at the address given by him and those appear to have been received by the applicant as a due notice of enquiry. 7. Respondent except this defence, has taken no other specific plea except certain denial and disputing the relationship of employer and employee after dismissal. REASONS 1.…

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