Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) (c), proviso--Dismissal from service--Rule under which action was taken against appellant was neither on record nor shown to Labour Court and as such it could not be said whether they were statutory rules--Respondent employer a department of Government--­Objection was taken by respondent in his written statement that appellant was not a workman but a civil servant but lower Court failing to record any finding on same and affording no opportunity to respondent to produce evidence on point raised in written statement to see if appellant came in any of exceptions contained in definition of `civil servant'--Finding of lower Court set aside and case remanded for redecision after allowing parties to produce evidence. JUDGMENT This is an appeal directed against the decision dated 16-4-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 1, Lahore whereby the grievance petition of the appellant for his reinstatement in service has been dismissed. 2. The allegation for which the appellant was dismissed by the respondent was absence without leave for more than ten days. After the submission of reply to the grievance petition about eight adjournments were given to the appellant to produce evidence but no evidence was produced, so much so, that on the last date the appellant refused to come in the witness-box. To the extent of closing the case of the appellant the order was justified but the impugned order cannot be said to be a decision of the controversy between the parties. In the impugned order neither facts are given nor anything has been said about the enquiry. The respondent did not bring on the record,…

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