Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Dismissal---Appellant, a workman and a Trustee and Member of Works Council on behalf of Union in respondent's Company was charged for two acts of misconduct; namely, altercation with an officer and assuming rowdy behaviour in connection with a matter which did not concern him at all--­Inquiry was held against appellant and as a result thereof appellant was dismissed from service---Contention of appellant that he in his capacity as Trustee and Member of Works Council used to inquire about funds from management and therefore he incurred displeasure of General Manager and Finance Member who implicated him falsely in the case---Appellant further contended that Inquiry Officer did not conduct inquiry fairly and that appellant had requested for change of Enquiry Officer but no decision had been taken by management---Neither General Manager nor Finance Manager nor Enquiry officer had been examined by respondent---Witness examined showed ignorance about every question of fact put to him i.e. as to whether appellant had written any letters to General Manager and Finance Manager about funds---Witness also denied suggestion that appellant was present in inquiry-­inquiry Officer in his report commented upon the past conduct of appellant which was not subject-matter of charge-sheet---Letter of dismissal of services of appellant showing that management had kept in view his past record which showed that they were influenced by comments of Inquiry Officer in inquiry report---Held, enquiry in the case did not appear to be fair and order of dismissal of appellant passed on basis of said report was not sustainable and was set aside and appellant was ordered to be reinstated in service with fifty per cent back benefits. Islamabad Club v. Muhammad Aslam and others 1982 SCMR 126 and Souvenir Tobacco Co. Ltd. v. Sindh Labour Court No. 2 and others 1987 PLC 8115 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition---Written statement was filed by respondent denying averments made by appellant in grievance petition---Person who signed written statement was not examined---Held,…

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