Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Domestic inquiry requirement--Statement of person under enquiry, held, had to be recorded to afford him opportunity to explain material brought against him in prosecution evidence. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Removal from service for absence from duty--Domestic enquiry--Employee not afforded any opportunity to prove whether he had applied for leave or not and if not what were circumstances by which he was compelled not to do so--Employee, held, was condemned unheard in circumstances and Labour Court was justified in setting aside his removal from service. (c) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Domestic inquiry--Employee making allegations that first page of his statement recorded by Enquiry Officer had been replaced as it neither bore signature of employee nor of Enquiry Officer--Enquiry Officer not examined by Labour Court to deny allegations--In absence of evidence of Enquiry Officer, held, it could be presumed that allegations were not groundless. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Back benefits--Worker not deposing in his statement before Labour Court that he remained jobless from date of removal from service--Back benefits not allowed--Held, initially it was worker who had to depose that he remained jobless because only he knew whether he got any employment elsewhere or not and after which onus would then shift upon employer to prove that he remained employed. 1985 S C M R 1882 ref. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Constitution of Pakistan (1973), Art. 199--Labour Court returning petition of worker for lack of jurisdiction in view of decision of High Court 1985 P L C 1053--Order of Labour Court maintained--Held, every order passed by Labour Court or Tribunal was subject to writ jurisdiction of High Court whose directions were to be followed. 1985 P L C 1053 rel Muhammad Yousaf, Head Clerk for Appellants. Ali Hussain for Respondent. Date of hearing: 2nd March, 1987. JUDGMENT This is an appeal directed…

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