Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry--Enquiry Officer--Eye-witness--Nothing on record available to point out any act of prejudice or bias against workman by Enquiry Officer--- ­Mere fact that Enquiry Officer was informed of alleged incident by some one and he visited place of incident and saw injured victim of incident, held, would not disqualify him from being appointed as Enquiry Officer and he would not be deemed to be an eye-witness of incident. 1978 PLC 247; 1980 PLC 137; 1981 PLC 494 and 1980 PLC 925 distinguished. 1981 PLC 670 and PLD 1982 Kar. 537 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct---- Bias alleged on part of Enquiry Officer assuming him to be an eye-witness of incident--Objection neither raised in grievance notice nor in grievance petition-­Such objection could not be raised in appeal. 1978 S C M R 804 rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.O. 15(3)(b)--Misconduct--Quantum of punishment--Causing knife injuries to co-worker in premises of establishment during working hours is an act of grave nature subversive of discipline for which dismissal from service is proper punishment. 1985 PLC 570 rel. DECISION This appeal is directed against the order of learned Presiding Officer, Labour Court No. V at Karachi, dated 21-2-1988, whereby he dismissed the grievance petition of the appellant. 2. The facts leading to this appeal arc that the appellant was employed as messenger by the respondent Bank. On 10-2-1986 at about 3-30 p.m. he is alleged to have given knife blows to another messenger Lai Shah in the Bank's premises. The appellant and one Taj Ali, who is also employee of the respondent were: charge-sheeted for the aforesaid misconduct and after due inquiry Taj Ali was awarded minor punishment but the appellant was dismissed from service. The appellant after serving grievance notice upon the respondent filed grievance petition. The respondent resisted the grievance petition on the ground that the action of the appellant in stabbing with knife another employee of the respondents in…

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