Law:

Section:

Industrial dispute­ ----Dismissal from service---Reinstatement---Employee was charge-sheeted for remaining absent for more than 10 days which charge-sheet was not replied by employee---Employee was found guilty of charge by Enquiry Officer and he was dismissed from service---Enquiry Officer was cross-examined, but nothing came out to suggest that Enquiry Officer was partial or enquiry conducted by him was not fair---Finding of Court below that charge against employee stood proved, could not be differed with. Abdul Majeed, Representative for Appellant. Rafat Usmani for Respondent. Date of hearing: 9th September, 1991. DECISION This is an appeal against the order of learned Presiding Officer Sindh Labour Court No. IV, Karachi dated 2-10-1990, whereby the grievance petition filed by the appellant was dismissed. 2. I have heard Mr. Abdul Majeed learned Representative for the appellant and Mr. Rafat Usmani learned counsel for the respondent and have also gone through the record and proceedings of the case. 3. Admittedly the appellant was a workman working in Sheraton Hotel. On 21-6-1987 by Annexure A/9 he was charge-sheeted for remaining habitually absent from duty which charge-sheet was replied to by the appellant. According to Mr. Muzaffar Ali Personnel Development Manager of the respondent no further proceedings were taken in pursuance of that charge-­sheet. 4. On 11-7-1987 the appellant was again charge-sheeted for remaining absent for more than 10 days from 25-6-1987 which charge-sheet was not replied to by the appellant. A domestic enquiry was held in the charge in which the appellant participated but the Enquiry Officer found him guilty of the charge. Consequently the appellant was dismissed from service by an. order dated 26-8-1987. After serving grievance notice upon the respondent appellant filed grievance application before the learned Labour Court. 5. The main contention of Mr. Abdul Majeed is that the appellant was suspended vide order dated 21-6-1987 Annexure A for 4 days. He contends that the appellant came to resume duties from 25th, but he was not allowed to resume duty. The receipt of charge-sheet Annexure R/2 dated 11-7-1987 is…

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