Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --Ss.25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(c)-­Dismissal from service on charge of misconduct--Person neither an "employer" within meaning of Standing Orders Ordinance nor properly and duly authorised by respondent-establishment in that behalf, appointing Enquiry Officer, issuing charge-sheet and issuing dismissal order of appellant--Domestic enquiry conducted against appellants, held, was thus perverse, illegal, biased and contrary to admitted principles of law and dismissal of appellants on basis of such enquiry could not be maintained--Appeals allowed, impugned order of Labour Court set aside and appellants directed to be re-instated in service with fifty per cent back benefits. S.P.Lodhi for Appellants. Ismat Mehdi for Respondent. Date of hearing: 19th April, 1987. DECISION These are two appeals filed by the appellants against impugned orders, dated 16-7-1985, passed by the Sind Labour Court No.I, Karachi, who had dismissed the grievance petitions of the appellants filed under section 25-A, I.R.O., 1969. As the facts and other circumstances in both these appeals are somewhat similar and common, therefore, I propose to dispose of both these appeals by this single decision. 2. Facts of the cases are that the appellants were the permanent employees of the respondent establishment. It was alleged that as the conditions of employment of the workers in the establishment were being exploited and they were deprived of all benefits and had no security of service, therefore, the appellants along with other workers had formed a union in April 1985 under the name and style of 'The Phonex Pakistan Ltd. Workers Union Karachi and an application for its registration was submitted before the Registrar of Trade Unions, Government of Sind Karachi, and on other hand, the respondent establishment was duly informed about the formation of the union and the names of the office-bearers. According to the appellants, Appellant Muhammad Ali was elected 49 president while Appellant Muhammad Khan as propaganda secretary. Further, according to the appellants the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492