Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A(5)--Scope of grievance petition--Labour Court whether could disagree with findings of Enquiry Officer--Labour Court, held, could re-examine evidence and could come to its own conclusion. (b) Industrial dispute- ---Domestic enquiry--Evidence--Admissions or confessions of accused before Police Officer--Effect--Such admissions or confessions, held, were neither admissible nor reliable even in domestic enquiry. (c) Industrial dispute- ---Domestic enquiry--Enquiry Officer putting questions to accused for certain clarification regarding his statement in order to appreciate evidence on proper reception of mind--Objection that Enquiry Officer assumed role of prosecutor in circumstances, repelled and same, held, would be confining Enquiry Officer to technicalities. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(2) & (3)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--Absence from duty for 2 hours--Effect--Such absence, held, did not amount to misconduct but would fall within other acts or omissions calling for reprimand or fine--Workman dismissed for absence for 2 hours--Labour Court converting penalty to that of censure holding that such absence amounted to disregard of rules--Workman, however, refused back benefits for period of litigation on grounds that (1) workman did not work physically and (2) alleged charge with stigma remained proved. Mahmood Mubassir for Applicant. Javed Khalid for Respondent. ORDER This is an application for the redress of the grievance against the management of the Rice Export Corporation challenging the dismissal, on the basis of the enquiry, which according to Mr. Rab Nawaz, the applicant concerned was illegal and based on victimization. 2. Applicant was charged, with misconduct on two allegations. One pertained to show-cause notice of 20-5-1978 and second notice, pertained to 21-5-1978. 3. The charge of 20th May, 1978, was on these lines, that he was chowkidar on the gate, and remained absent from his post without permission for 2 hours. The second charge, was that on 21st May 1978 he assaulted Mr.…

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