Law:

Section:

(a) Industrial Relations Ordinance (XXII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15--Dismissal from service--Absence from duty--Worker contending that due to serious illness of his wife he had to leave place of duty without getting leave sanctioned in advance--Domestic inquiry holding him guilty-­Inquiry Officer conducting proceedings honestly--Employer was within his right to proceed against worker--Illness of wife of worker was beyond his control and leave had to be sanctioned if due, worker, held, could not be charged for wilful misconduct under Standing Order 15--There also existed no evidence that employer could not replace substitute or there was loss of production--Worker's dismissal was not warranted in circumstances as his misconduct was not of serious nature like violence, theft, damage to property or strike-­Employee at the same time was under obligation to obtain permission while employer was under obligation to discuss reason of rejection of leave in case of illness so that Court could have an idea what factors prevailed for such rejection--Order of dismissal set aside and worker was reinstated with 25% back benefits. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15--Inquiry--Inquiry Officer to give freedom to employee to put up his case as best as he can--Inquiry Officer though not a judge but he is akin to judge who has a privilege as a judge under Evidence Act to seek clarification as far as to advance administration of justice even in domestic forum with initial concept of being fair and just. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15--Misconduct-­Punishment--Each case is to be considered in the context of circumstances so far as question of punishment was concerned. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),…

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