| Citation(s) |
|---|
| 1988 SLG 2573 1988 SLD 2573 1988 SCMR 1352 |
Supreme Court of Pakistan
Civil Appeal No. 388 of 1987, decided on 10th May, 1988. (On appeal from the judgment and order Dated 23-6-1987 of the Peshawar High Court, Circuit Bench, Abbottabad in W.P.No. 276 of 1986). Date of hearing: 10th May, 1988.
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, GHULAM MUJADDID MIRZA, ALI HUSSAIN QAZILBASH AND USMAN ALI SHAH, JJ
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Civil Appeal No. 388 of 1987, decided on 10th May, 1988. (On appeal from the judgment and order Dated 23-6-1987 of the Peshawar High Court, Circuit Bench, Abbottabad in W.P.No. 276 of 1986). Date of hearing: 10th May, 1988.
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, GHULAM MUJADDID MIRZA, ALI HUSSAIN QAZILBASH AND USMAN ALI SHAH, JJ
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SARFRAZ---Appellant
VS
GENERAL MANAGER (LEAF), PAKISTAN TOBACCO COMPANY Ltd. and others--Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 25-A(1)
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A(1)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os.15(3)(h) 15(4)-Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Dismissal from service--Act subversive of discipline--Question arising as to whether a second show-cause notice and supply of a copy of inquiry report to appellant was a must before imposing any penalty upon him--Leave to appeal was granted to consider as to which of the ratio decided in the two cases namely Syed Mir Muhammad v. N.-W.F.P. Government (P L D 1981 S C 176) and Dawood Cotton Mills Ltd. v. Guftar Shah (P L D 1981 S-C 225) was attracted to the facts of the case for determining its result. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os.15(3)(h) 15(4)--Industrial Relations Ordinance (XXIII of 1969), S.25-A(1)-- Dismissal from service--Seasonal worker in an Industrial Organization--Act subversive of discipline--Question arising whether a second show-cause notice and supply of a copy of inquiry report to such worker was a must before imposing any penalty upon him-Procedure prescribed under S.15(4) of Ordinance (VI of 1968) applicable to inquiry proceedings according to which neither giving of second show-cause notice nor the supplying of the report of Inquiry Officer is a requirement of principles of natural justice--To give a fair opportunity of hearing and defence to other side so as to fulfill the requirement of natural justice was all that was needed--No violations of principles of natural justice being involved, appeal dismissed. Dawood Cotton Mills Ltd. v. Guftar Shah P L D 1981 S C 225 rel. JUDGMENT MUHAMMAD HALEEM, C.J.--Leave to appeal was granted to consider as to which of the ratio decidendi in the two cases namely Syed Mir Muhammad v. N.-W.F.P. Government (P L D 1981 S C 176) and Dawood Cotton Mills Ltd. v. Guftar Shah (P L D 1981 S C 225) was attracted to the facts and circumstances of the case for determining its result. The appellant was employed as a seasonal worker in the respondents Company. He was…
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