Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Dismissal from service--Charges of misbehavior and of creating indiscipline amongst workers--Employee contending that he was victimized on account of trade union activities-­Employer failing to point out anything on record to rebut contention of employee--Employer also failing to prove that charges against employee were established in enquiry through evidence of independent witnesses or that he was afforded an opportunity to defend himself or that requirement of principles of natural justice were complied with--Employee, held, was wrongly dismissed on a false charge--Order of dismissal set aside and employee ordered to be, re-instated. M.L.Shahani for Appellant. M.A.Hassan for Respondents. Date of hearing: 30th September, 1986. DECISION This is an appeal filed by the appellant against the impugned order, dated 10-4-1985, passed by the Sind Labour Court No. 1, Karachi, who had dismissed the grievance petition of the appellant, under section 25-A, I.R.O., 1969. 2. The brief facts of the case are that the appellant joined the respondents, namely, Mercury Garments Industries on 17-12-1976 and that at the time of his dismissal from service, he was working as a Collar-man. That, in the year 1979 the appellant was elected as President of the Mehnat-Kash union, but, one of the partners of the respondents, namely, Seth Chaman formed another union under his patronage which was known as Employees Union. That, however, there was a compromise between the two rival unions, which annoyed Seth Chaman. That, thereafter, on 7-4-1983 the appellant was served with a charge-sheet on the basis of a complaint from Supervisor Shafiq Ahmad that the appellant had misbehaved with the Supervisor and was abusing and propagating against the respondent-management which was likely to create indiscipline amongst the workers. The appellant was further charged that he had stitched 64 pieces of Collars on different and unconcerned bodies of the shirts. That, though the appellant had submitted satisfactory reply to the charge-sheet, yet, he received a letter, dated 16-4-1983 that an enquiry would be held against him…

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