Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15- Dismissal from service ---Re­instatement---Fresh enquiry---Employee working as Accounts Assistant, was dismissed from service after serving charge-she,:[ and holding domestic enquiry against him on allegation of committing fraud and misappropriation---Labour Court re-instated employee temporarily for the purpose of holding fresh enquiry against him on ground that certain witnesses produced by employer in enquiry proceedings were not cross-examined by employee---Twenty witnesses were examined by employer against employee during domestic enquiry---Employee had himself admitted that he cross-examined some of those witnesses, but declined to cross-examine some other though, full opportunity to cross-examine witnesses was allowed to him by Enquiry Officer--Giving opportunity to employee for cross-examination of witnesses, was enough compliance with principles of natural justice and in circumstances, it was not obligatory for Labour Court to direct fresh enquiry just because employee who had cross-examined certain witnesses and declined to cross-examine others at relevant time, wanted at later stage to cross-examine witnesses---Charge-sheet though was given to employee after more than thirty days' time as allowed under S.O. 15(4) of West Pakistan. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. but since employee during preliminary enquiry had himself admitted his guilt, no prejudice was caused to employee if show-cause notice or charge-sheet was delayed, especially when same was issued after holding preliminary enquiry of which employee had knowledge---Employee who was found guilty of offence on basis of which he was dismissed from service, could not be re-instated. DECISION These are two cross-appeals arising from the judgment of Fourth Sindh Labour Court, Karachi, whereby the grievance petition of Amjad Hussain Choudhry was partly allowed and he was ordered to be re-instated for the purpose of holding a fresh domestic enquiry but he was not granted the back benefits, while the…

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