Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2 (xxviii) & 25-A--"Workman", determination of status--Where applicant in earlier proceedings before Labour Court had-teen held to be a workman and re-instated by order of the Court, such order of Labour Court having never been assailed in appeal, held, had attained finality--Fresh enquiry against applicant had bee initiated by direction of Labour Court and having once accepted such position and acting in accordance with directions of Labour Court, respondent could not be permitted to re-open issue of status of applicant or to question jurisdiction of Labour Court--Material on record also established status of applicant as 'workman' performing skilled and manual duties. (b) Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A-Grievance application against dismissal-Written statement filed by one respondent adopted by other respondents--Statement of adoption of such written statement not signed by any of respondents-­None of respondents appearing before Labour Court to give evidence or offer themselves for cross-examination Effect Written statement filed in Labour Court by one respondent and adopted by other respondents, held, had to be excluded from consideration in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Charge-sheet to "workman" issued by Assistant Works Manager--Employee in N.P.S. 8 to be proceeded against by officer of Grade-18--Respondents failing to prove that person issuing show-cause notice was in scale NO-18 and was competent to proceed against workman--Held, there was substance in contention of applicant that not only charge-sheet but even enquiry letter was issued by incompetent person and so entire subsequent action was void and unwarranted by law. (d) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A--Grievance petition against dismissal--'Workman' dismissed on charge of absence from duty--Evidence on record established that real dispute was only in regard to timings of duty and not absence of workman from duty--Without deciding such important dispute which was specifically raised by workman much before issuance of charge­-sheet,…

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