Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-­ --S.25-A--Dismissal from service for misconduct--Order challenged on ground of having been passed by an incompetent person evidence adduced to meet such objection--Dismissal order, circumstances, held, was liable to be set aside. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Dismissal for misconduct--Competent authority considering past record also while passing dismissal order--Such record was not referred to in charge-sheet--Plea that accused was prejudiced as his past record was considered in holding him guilty of present charge, upheld--Accused, held, was condemned un-heard particularly on a charge which was not notified to him. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Domestic enquiry--Statement of defence witnesses falsifying alleged incident and charge remained unshaken in cross-examination by prosecution--Findings of enquiry establishing alleged charge, in circumstances, held, was perverse. M. Bashir Awan for Applicant. Masood Ahmed Shaikh, Representative for Respondent. ORDER The applicant was employed as Damage Checker and being a permanent worker was covered by the provisions of Standing Orders, Ordinance of 1968. According to him, in October 1984 one union by name of Modern Textile Mills Employees Union was formed and on its rejection this new union applied for referendum. The respondent was not happy with this new union and so in order to crush it, it started victimizing the office-bearers and other active members of this union. With the same view in end, the respondent charge-sheeted the applicant on 29-11-1984 containing false and fabricated allegations and then ordered an enquiry to be conducted by one Labour Officer. No confidence was shown against this Officer in view of his hostile attitude against the union but with no result. Finally, the applicant was dismissed from service by letter dated 24-1-1985. Grievance notice was then sent by the applicant on 20-4-1985 and it having been rejected by letter' dated 25-4-1985 the present petition was instituted for reinstatement with consequential benefits. The respondent, in its reply statement, questioned…

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