Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A & 56

(a) Industrial Relations Ordinance (XXIII of 1969)----Ss. 25-A & 56--Grievance petition by employee against victimization by employer--Termination of Service during pendency of appeal against dismissal of petition--Effect--Termination of services during pendency of appeal, held, would amount to violation of S.56, Industrial Relations Ordinance, 190.(b) Industrial Relations Ordinance (XXIII of 1969)------Ss. 25-A & 56--Maxim: "Ignorantia facti excusat"--"Ignorantia juris non excusat"--Meaning and scope--Ignorance of fact excuses--Ignorance of law does not excuse--Termination 'of services during pendency of appeal, held, ,being against law could be set aside as illegal.Broom's Legal Maxims, Pakistan Reprint, 1969 The Road Transport Corporation, Lahore v. Talib Hussain 1971 P L C 331 ref.The Road Transport Corporation, Lahore v. Talib Hussain 1971 PLC ref.(c) Industrial Relations Ordinance (XXIII of 1969)-----S. 25-A--Grievance petition--Termination of service during pendency of appeal set aside in appeal--Labour Appellate Tribunal re-instating employee, having been dismissed during pendency of his appeal against termination of services directed--Authority not to start new enquiry against employee--Such new enquiry against employee, held, would amount to victimization--Employee could not be vexed twice over for same charge.(d) Maxim------"Nemo debet- via vexari prouna et eadem cause"--Meaning and scope-�No one ought to be punished twice for same offence.(e) Industrial Relations Ordinance (X%III of 1969)----S. 25-A--Grievance petition against victimization--Employee acting as peon for considerable long-time--Such employee, held, could not be entrusted job of gunman because of employee's frail Health as well as because of legal requirement that gunman should be from ex-service men.(f) Maxim------"Lex non goigt ad impossibilis"--Meaning of--Law, held, would not compel a man to do that which he could not possibly perform.Khawaja Muhammad Saeed for Appellant.Khawaja Shahad Ahmad for Respondents.Date of hearing: 9th January, 1986.ORDER This is an appeal against the order of the learned Labour Court, Poonch, Rawalakot, dated 15th September, 1985, whereby…