Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(4)--Dismissal-­Misconduct--Employee alleging that he was victimised on account of his trade union activities but failing to adduce any cogent, reliable and direct evidence to prove hostility or that management bore any grudge against him--Ex parte domestic enquiry held by Establishment was quite correct and justified--Management complying with all mandatory provisions of law and employee himself preferring not to participate in enquiry-­Labour Court after examining and discussing entire evidence on record and all other circumstances coming to conclusion that employee had committed acts of misconduct within meaning of S.0.15(4) of Standing Orders Ordinance--Finding of Labour Court upheld and order of dismissal of employee maintained. Shafi Muhammadi for Appellant. Mahmood A. Ghani for Respondent. Date of hearing: 11th January, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 10-2-1985, passed by the learned Sind Labour Court No. II, Karachi, who had dismissed the petition of the appellant under section 25-A, I.R.O., 1969. 2. Brief facts of the case are that the appellant claimed to be a permanent workman in the respondent Establishment since last seven years and was also holding the post of Propaganda Secretary in the C.B.A. Union and so the respondent Establishment being displeased with him wanted to victimize him on one pretext or the other and in consequence thereof had issued a false and baseless charge-sheets, dated 4-3-1984, 11-3-1984 and 24-4-1984. Though the appellant claimed to have satisfactorily replied to these charge-sheets, yet, an enquiry notice, dated 25-4-1984 was received by him on 2-5-1984 and the enquiry was conducted on 6-5-1984 in which he participated and raised several objections with regard to the conduct of the enquiry which were not considered by the Enquiry Officer and this was conducted in Director's room in his presence. That, as nothing was proved against the appellant, therefore, he requested to supply the report of the…

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