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. 2(xxviii)--Grievance petition--Dismissal from service ors ground of dishonesty--Person employed as a Chowkidar, performing manual duties and as such a 'workman'--Proceedings of enquiry against him indicating that he cross­examined at length all witnesses produced by management and also produced defence witnesses--During enquiry proceedings neither petitioner nor his representatives lodging any written or oral protest against conduct of Inquiry Officer--Petitioner moving an application after completion of enquiry and admitting his guilt and praying for mercy--Inquiry conducted in impartial manner--Report of Inquiry Officer based on evidence produced before him and charge fully established during domestic inquiry ---Dismissal of petitioner upheld. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Award of punishment sole prerogative of management which is permitted by law within discretion of employer--Intervention by an outside authority or tribunal only called for when employer not observing law or exceeding its limit. 1967 P L C 392 rel. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--Grievance petition--Termination of service--Acceptance of legal dues by worker, held, would not debar him from challenging his termination before competent judicial forum. 1973 P L C 297 and 1985 P L C 400 rel. Shamsuddin Khalid for Applicant. Muhammad Hamayun for Respondent. ORDER Applicant Khanzada had been working as permanent watchman in the respondent-establishment since 1-5-1974. On 3-2-1984, the following charge-sheet was issued against him:-­ "That on 18-2-1984, you were on duty as security Chowkidar at Keamari Terminal 'C' at the mpin gate from 0700 hours to 1500 hours and on patrol duty from 1500 hours to 2300 hours at the Keamari Terminal 'C'. While on duty at main gate of the Keamari Terminal 'C', you were responsible to allow the Tank Lorries to enter after checking the Entry Stamp on the invoice and allow the Tank Lorries to pass lout of the gate by receiving the gate pass…

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