Law:

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Industrial dispute--- ------Domestic enquiry--Ex parte--Accused workman giving management two addresses--Charge-sheet and inquiry notice sent on home address received back with report of Postman that addressee could not be contacted and had probably joined duty--No other attempt of service made and inquiry notice published in newspaper--Charge-sheet and inquiry notice, in circumstances, held, were not served--Holding ex parte inquiry was not justified in circumstances. JUDGMENT The two appeals captioned above emerge from the decision dated 19-10-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby Muhammad Bashir (hereinafter called as the respondent) has been directed to be reinstated in service without back benefits. Bata Pakistan Limited (hereinafter described as the appellant) has challenged the direction of reinstatement, whereas the respondent has in his appeal, claimed back benefits. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The allegation for which the respondent was dismissed from service was of absence from 25-3-1984 to 9-10-1984. After holding ex parte inquiry the dismissal order was passed. There were two addresses of the respondent with the appellant. The charge-sheet and inquiry notices sent at the home address of the respondent had come back with the report that they could not be delivered, inasmuch as the respondent was not there and probably had joined duty. It is clear that the said letters were not served upon the respondent as he could not be contacted by the postman. In these circumstances, the appellant should have made another attempt to serve the charge-sheet and, thereafter, the inquiry notice. The inquiry notice, no doubt, was published in the newspaper but since the charge-sheet was not served, there was no occasion to appoint the Inquiry Officer and to direct him to hold inquiry. If the report had been that the appellant A had refused to accept the letters, of course, it would have amounted to legal service and further issuance of charge-sheet and inquiry notice would not have been necessary. In these circumstances,…

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