Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Limitation Act (IX of 1908), S.14--Limitation--Period spent before other Court--Petitioner challenging legality of show-cause notice before Civil Court--Dismissal order passed during pendency of civil suit--Labour Court not excluding period spent in Civil Court on plea that petitioner in Civil suit did not seek relief against order of dismissal which had been challenged in grievance petition--View taken by Labour Court not approved in appeal--Held: In case show-cause notice had been held illegal all subsequent proceedings would have become illegal and mere fact that petitioner did not amend his plaint to seek relief against dismissal order would not deprive him from getting period spent in civil Court to be computed towards limitation. " 1987 P L C 379 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition against dismissal for misconduct--Enquiry officer alleged to be biased--Allegations against Enquiry Officer leveled in grievance petition as well as in affidavit-in-evidence--Enquiry Officer not produced and examined before Labour Court--Labour Court not drawing any adverse inference due to non-production of Enquiry Officer nor recording reasons for not drawing such inference--Order of Labour Court was set aside and case remanded with direction to employer to produce Enquiry Officer before Labour Court to consider merits of case and to decide it afresh. Messrs Souvenir Tobacco Co. Ltd. v. Sind Labour Court No.2 and others 1987PLC605rel. Muhammad Ashraf Khan for Appellant. Iqbal Akhtar for Respondent. Date of hearing: 16th March, 1989. DECISION This appeal is directed against the order of the learned Presidng Officer, Sind Labour Court No.I at Karachi, dated 8-10-1988. 2. The brief facts of the case arc that the appellant admittedly was an employee of the respondents. He was charge-sheeted for remaining absent for more than 10 days without leave and was dismissed from service after domestic enquiry. After serving grievance notice upon the respondents, he filed the grievance petition which was dismissed by the learned Labour Court. The…

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