Law:

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Industrial dispute- --- Resignation during pendency of disciplinary proceedings--Denial by workman-­Proof--Workman facing domestic enquiry on charge of misconduct allegedly submitting resignation--Resignation admittedly signed by workman and postal envelope containing same admittedly marked date indicating its receipt during pendency of proceedings--Contention that alleged resignation had been forged on a blank paper which was got signed by him several years back not proved and appeared to be an afterthought--Resignation received by management through proper channel was accepted by Managing Director who was competent to do so--Termination of service by acceptance of resignation during pendency of disciplinary proceeding, held, was not contrary to law and workman was not an aggrieved person to maintain grievance petition for seeking reinstatement-­Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3). P L D 1973 Lah. 425 and 1980 P L C 244 ref. DECISION This is an appeal filed by the appellant against an impugned order dated 30-10-1985, passed by the Sind Labour Court No.IV at Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. Brief facts of the case were that the appellant claimed to have been working in the respondent establishment since 26-10-1972 and besides his official duties, he was also working for the welfare of the general workers of the establishment as a Social Worker and in addition to these activities, he had also been an office-bearer of workers Union from 1975 to 1984. The appellant had claimed that as a measure of victimisation, he was accused of having submitted false medical prescriptions for his daughter from two different doctors, vide two charge-sheets, dated 7-5-1984 and 27-5-1984 and to these two charge-sheets, he had claimed to have submitted satisfactory replies, but, the respondent establishment had ordered to hold domestic enquiry in the said matters, and as such, being aggrieved, he had filed a case under section 25-A, I.R.O. 1969 before the learned Labour Court wherefrom he had also sought stay order against the proceedings of the alleged domestic enquiry and while…

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