Law:

Section:

(a) Railway Servants (Efficiency and Discipline) Rules, 1975-- ---R. 5(3)--Enquiry--Decision not to hold enquiry--Imposition of penalty-­ Employer bound to record order giving reasons for penalty--No such order passed/recorded--Punishment awarded without enquiry, held, was bad in law. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 36 & 38--Practice and procedure--Legal objection--Plea at appellate stage that objection with regard to territorial jurisdiction was raised in written statement but Labour Court did not decide same--Labour Court in impugned decision observing that legal objections were not pressed--Contention that such observations were wrong and that legal objections had been pressed--No affidavit attached to appeal mentioning such contention--Observations of judicial Officer, held, cannot be belied without such affidavit. JUDGMENT The appeal captioned above emerges from the decision dated 1-10-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby the appellant has been directed to pay to the respondent benefits of which he has been wrongly deprived. 2. The facts are that the respondent was a gateman at the level crossing situated near Railway Station. Samma Satta and he left the gate opened, as a result of which Khyber Mail struck against a bullock cart on 4-9-1985. The penalty of stopping of increment temporarily for five years was imposed upon the respondent, No inquiry was held, nor there is any order to the effect that it was not necessary to hold inquiry. According to rule of the Efficiency and Discipline A Rules, it is…

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