Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------- S. 25-A --- Constitution of Pakistan (1973), Art. 185 (3) --- Natural justice principles of --- Misconduct---Leave to appeal was granted to consider whether the appellant was provided a fair opportunity of hearing and leading defence, so as to fulfil the requirements of the principles of I natural justice. (b) Industrial dispute --- ---- Disciplinary proceedings --- Appointment of Enquiry Officer is in the discretion of the employers --- Allegation of bias against Enquiry' Officer by employee with a request to change the Enquiry Officer --- Validity --- Nothing was available and record to indicate that Enquiry Officer was biased against employee --- Enquiry Officer had provided full opportunity to the employee to cross-examine witnesses produced by the management and granted adjournment as and when requested by the employee --- Held, objection of employee to the appointment of a particular person as Enquiry Officer had no valid basis and his request for replacing him with some other person was rightly turned down by the management in circumstances. (c) West Pakistan Industrial and Commercial Employment (Standing Orders Ordinance (VI of 1968)--- ---- S. O. J 50) --- Misconduct --- Dismissal --- Disciplinary proceedings--­ Requirements of S. 15(4), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 --- Principles of natural, justice--­Application --- Employee was duly' informed of the charge, he had to face and the allegations forming the basis of charge were set forth with all the details in. the charge-sheet served on him --- Employee also know that the charge it proved would entail his dismissal from service --- Employee cross-examined the witness produced by the employer --- Giving of second show-cause police ' after. Time completion of the enquiry was not the requirement of law governing the disciplinary proceeding initiated against the employee nor was 11 the requirement of principles of natural justice Neither he, giving of second show-cause notice, nor the supply of the report of the Enquiry Officer could be spelt out from S.O.15(4) of the Ordinance --- Question…

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