Law:

Section:

Industrial dispute-- ---- Removal from service---Employee who was appointed as Lady Instructor in the establishment was alleged to have identified a different lady as daughter of a retired personnel (beneficiary) who obtained stipend and other benefits from the establishment for which she was not entitled---Employee was transferred to another place of working but she did not obey order of transfer---Employee was proceeded against for her fraudulent misrepresentation and non-­compliance of transfer order and was removed from service after affording every chance to defend herself---Evidence on record fully established that appellant was afforded every chance to defend herself, but she purposely failed to avail those chances and refused to receive notice of her transfer---Employee would hardly be justified to say that she had either been proceeded against ex parte or that or she was not afforded any opportunity to defend herself in circumstances. Malik Fazal Hussain and Sardar Mumtaz Ahmed for Appellant. Malik Abdul Karim for Respondents. JUDGMENT The appellant feels dissatisfied with the decision of the learned Presiding Officer, Labour Court at Haripur dated 28-6-1993 whereby the grievance petition moved by her under section 25-A of the Industrial Relations Ordinance, 1969 was dismissed and consequently the order removing her from service by the respondent was confirmed. The relevant background of the case is that the petitioner-appellant was appointed as Lady Instructor in the establishment of the respondents on 30-10-1979. It was alleged against her that she identified Mst. Hafiza a non­-beneficiary as Rani Gut daughter of a retired personnel (beneficiary) and in this foul play established her identity as beneficiary and thus managed her admission in the institution entitling her to stipend and other benefits. The matter was probed in by the respondents and she was transferred to Palandari, Azad Kashmir vide order dated 4-5-1988. The petitioner-appellant did not obey the order of her transfer and challenged it in the Labour Court. However, during the pendency of the petition the petitioner-appellant was proceeded against for her fraudulent misrepresentation…

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