Law:

Section:

(a) Industrial dispute-- --- Domestic inquiry--Complaint forming basis of charge-sheet against employee, not present before Inquiry Officer at the time of inquiry--Such inquiry would not be fatal if same was held in accordance with well-established principles and statutory rules. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 47(2)--Constitution of Pakistan (1973), Art. 199--Industrial dispute-­Application of Labour Laws disputed by employer--Case was remanded to Labour Court for re-hearing on question as to application of Labour Laws as also on merits for permission to dismiss respondent employee. Fazle Ghani Khan for Petitioner. Ali Amjad for Respondents. Date of hearing: 21st March, 1988. JUDGMENT This petition is directed against the order dated 8-6-1976 passed by the learned Presiding Officer, Sind Labour Court No. II, Karachi in Application No. 1 of 1976 filed by the present petitioner under section 47(2) of the Industrial Relations Ordinance, 1969 for seeking permission to dismiss respondent No.1 from the service during the pendency of a dispute, namely, Industrial Dispute No. 4 of 1974 between the petitioner and the C.BA., which application has been declined by the impugned order by the Sind Labour Court. The petitioner being aggrieved by the above order has filed the present Constitutional petition. 2. I have heard the learned counsel for the parties. It seems that while the above Industrial Dispute No. 4 of 1974 was pending, the petitioner approached the High Court through Constitutional Petition No. 531 of 1973 challenging the above proceedings on the ground that the petitioner was not an "industry" within the ambit of Industrial Relations Ordinance and, therefore, the Labour Laws were not applicable. The above writ petition was dismissed by a Division Bench of this Court on 21-12-1973, against which the petitioner filed Civil Appeal No. 25/K of 1974 which was dismissed by the Hon'ble Supreme Court by judgment dated 9-6-1985. However, in the judgment it has been observed that since the Labour Court has already completed the recording of the evidence, the question whether the petitioner comes within the ambit of industry or not can be…

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