Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 39(3)--Grievance petition--Notice--Employee failing to prove that he served a proper and valid grievance notice to establishment-­Grievance petition, held, was not maintainable and liable to be dismissed. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal from service--Misconduct--Employee charged for attempt; to outrage modesty of a girl, himself admitting that he called her from her house through his niece--Enquiry properly conducted by Enquiry Officer and employee was rightly held guilty of misconduct--Order of dismissal maintained. Suleman Habibullah for Appellant. Kamal Mansoor Alam for Respondent. Date of hearing: 8th December, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 19-2-1986, passed by the Sind Labour Court No. II, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O., 1969. 2 Briefly stated the facts are that the appellant was a permanent workman of the respondent Establishment since 17-11-1980 and his work was satisfactory. On 31-7-1984, a show-cause notice was issued to him containing the charge of an attempt to outrage the modesty of the daughter of Feroze Khan on 24-4-1984, in the premises of Steel Town, Karachi. The charge was denied by the appellant in his reply to the show-cause notice, but, the respondent, after suspending the appellant, had instituted an enquiry against him resulting in his dismissal from service. The case of the appellant was that neither the name of the complainant and his witnesses were communicated to him nor the Enquiry Officer had examined his defence witnesses or had allowed the assistance of a co-worker in the domestic enquiry, therefore, the enquiry was not fair, proper and legal and that he did not commit a misconduct, within the meaning of Standing Orders Ordinance, 1968. That, as his grievance notice, dated 1-11-1984 was not considered sympathetically, therefore, he filed his grievance petition under section 25-A, I.R.O., 1969 before the learned Labour Court. 3. The respondent Establishment resisted the petition and had…

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