Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- --S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15 (4)--Grievance petition against dismissal--General Manager after findings of Enquiry Officer ordering dismissal of employee--By virtue of delegated power, General Manager, held, could direct enquiry or to suspend employee or to do any act which concerns management affairs--However, power of according approval of dismissal being extraordinary power would vest only in employer of establishment--Absence of such approval from employer would render dismissal of employee against legal requirements, which would justify acceptance of appeal. (b) West Pakistan Industrial and Commercial Employment (Stand Orders) Ordinance (VI of 1968)----- ---S.O. 15--Nomination of choice--Entitlement for--For exercise of entitlement to nomination of choice, worker, held, should be in establishment--Such entitlement could not be exerted by a dismissed worker--Competency of such nomination would not be lost in respect of worker who though dismissed had been proceeding against such dismissal in appeal--Worker to be deprived of choice to put up his case would be unwarranted. (c) Industrial Relations Ordinance (XXIII of 1869)- ---S. 25-A--Grievance petition against dismissal--Enquiry proceedings-­Mode of conducting--Previous instances of charge-sheet, held, would be required to be basis of present charge-sheet within one month of cause of action--In absence of such course same could be read as evidence showing previous conduct that such employee was receiving warnings. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----- ---S.O. 15(e)--Industrial Relations Ordinance (XXIII of 1969), S.25-A--Grievance petition--Habitual absence---To constitute charge of habitual absence, 10 active working days were required to have passed-­Charge-sheet would be defective wherein clear days of working including intervening days, as festival holidays were not clarified. Muhammad Shafique Qureshi for Applicant. Abdul Hadi Farid for Respondent. DECISION The hon'ble labour Appellate Tribunal, on…

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