Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.38(3-a) & 47--Permission to dismiss for misconduct--Defence opportunity not afforded to employee during domestic enquiry-­Permission accorded by Labour Court, held, was not proper--Order of Labour Court set aside in revision by Appellate Tribunal dismissing petition of employer under S.47 of Ordinance XXIII of 1969. Nazir Ahmad Naz for Petitioner. Mahboob Alam for Respondent. Date of hearing: 11th January, 1986. JUDGMENT The order dated 16-11-1985 permitting the respondent to dismiss the petitioner is reported to be illegal and ultra vires. 2. On the allegation of misconduct the petitioner was charge­sheeted and an inquiry was held in which the statement of the petitioner was recorded on 31-12-1980 but after three years on 14-2-1984 second show-cause notice was served and petition under section 47 of the Industrial Relations Ordinance, 1969 was lodged on 13-11-1984. 3. The learned representative of the petitioner has raised many points such as the same District Manager issued charge-sheet who has lodged F.I.R. and then brought complaint, that the inquiry officer did not past any order on the petition of the petitioner for summoning Ch. Niaz Ahmad for cross-examination, that the learned lower Court refused to summon Tassadaq Hussain and…

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