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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal from service--Proceedings against worker taken by an incompetent authority--Proceedings conducted as such not sustainable in law and inquiry against worker and his consequent dismissal from service, held, was not maintainable and set aside-­ Appellant worker ordered to be reinstated in service. DECISION This is an appeal filed by the appellant against an impugned order, dated 16-7-1986, passed by the Sind Labour Court No.1 Karachi, who had dismissed the grievance petition of the appellant filed under section 25-A, I. R. O. 1969. 2. Brief facts of the case are that the appellant was a permanent workman of the respondent establishment since March, 1983, as a piping Helper. That the workers organized themselves and formed a union for seeking redress of their grievances, the appellant was also elected as a Member of it. The case of the appellant was that as a measure of victimization on account of the trade union activities, he was issued a show-cause notice dated 16-5-1983 for a false charge of absence from duty; but, as the reply to the charge-sheet was not found satisfactory, therefore a domestic enquiry was conducted against him. Thereafter the appellant submitted the present grievance petition. 3. The respondent establishment resisted the petition mainly on the legal objection that as the appellant was an employee of Agha Khan Hospital and Medical College Foundation, therefore, the provision of Industrial Relations Ordinance, 1969 were not applicable to him, so the petition was liable to be dismissed. As regards the merits of the case, the misconduct of remaining absent from duty un-authorized has fully proved in a fair, proper and lawfully held domestic enquiry, so he was rightly dismissed and cannot maintain his grievance petition. 4. Both the parties filed their respective affidavits in evidence and they were duly cross-examined. Thereafter the Labour Court has dismissed the petition of the appellant, hence, the present appeal. 5. I…

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