Law:

Section:

(a) Industrial dispute-- ---Misconduct--Service of charge sheet--Presumption--Letter sent by registered post if does not come back raises presumption that it has reached addressee--Registered letter coming back unserved with report that addressee was not found raises no presumption of its reaching the addressee. (b) Industrial dispute---- ---Misconduct-Service of charge-sheet --Service by publication-­Substituted service --Service by publication does not raise any presumption of service unless service by ordinary means has become impossible--Service by publication got made simultaneously alongwith sending charge sheet by registered post, held, was not a substituted service--Publication, could be accepted as a legal service if made after letter sent by registered post had come back undelivered--Civil Procedure Code (V of 1908), O.V, R.20. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(4)--Industrial Relations Ordinance (XXIIII of 1969), Ss.25-A 38(3)--Dismissal for misconduct--Charge of theft of employer's property--Charge-sheet time-barred for being served beyond one month of its coming to notice of management--Labour Court dismissing grievance petition--Appellate Tribunal setting aside orders of Labour Court awarding re-instatement--Appellant workman re-instated on technical grounds, held, was not entitled to back benefits. Malik Muhammad Asghar for Appellant. A.A. Sharif for Respondent. Date of hearing: 12th June, 1984. JUDGMENT The decision, dated 6-11-1982 recorded by the learned Presiding Officer, Punjab Labour Court No.l, Lahore has been challenged in this While the appellant was going out of the Laboratories, the toolbox of his scooter was searched on 20-8-1981, resulting in the recovery of one kilogram of Glucose. The appellant was charge-sheeted and an enquiry was held which culminated in his dismissal from service. The plea of the appellant was that the charge-sheet Exh.P.6 delivered on 7-10-1981 was time-barred. He admitted the recovery of the Glucose but pleaded that he had purchased it from the shop of the Laboratories few days back. The plea that the Glucose had been purchased is not…

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