Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: S.0.15(3)(c)

Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15(3)(c) Misconduct Dismissal from service Employee was dismissed from service on ground of misconduct after holding domestic enquiry against him Enquiry Officer who conducted inquiry independently and impartially found employee guilty of misconduct and employee was dismissed from service on basis of enquiry report of Enquiry Officer Employee had failed to prove that enquiry Officer was partial and was not independent Allegation on basis of which employee was dismissed from service having fully been proved, employee was rightly dismissed from service. JUDGMENT This appeal arises out of the order, dated 11 10 1997, passed by Second Sindh Labour Court in Application No.214 of 1992 under section 25 A of the Industrial Relations Ordinance, 1969 read with Standing Order 12(3) of Standing Orders Ordinance, 1968. 2. The appellant filed a grievance petition against the respondent on the ground that he is office bearer of Mazdoor Union/C.B.A. and in order to victimise him a bogus charge sheet was issued on 17 3 1992. A reply was submitted by him to the said charge sheet on 19 3 1992. Not feeling satisfied with the said reply, the respondent appointed Mr. Tanvir Hassan as Enquiry Officer to hold and conduct the domestic enquiry against the appellant. The Enquiry Officer, after holding the enquiry, found the appellant guilty of misconduct and submitted to the management his report, dated 7 4 1992. The management thereupon issued an order of dismissal of the appellant from service. The appellant, being aggrieved with the said order of dismissal, filed an application in Labour Court No.2, under section 25 A of I.R.O., 1969 read with Siandh Order 12(3) of Standing Orders Ordinance. 1968 for reinstatement with back benefits. The learned Presiding Officer of the said Court, after recording evidence, produced in the case, dismissed the said application by his order dated 11 10 1997, as aforesaid. 3. I have heard Mr. Salim Raza, representative of the appellant and Mr. Mehboob Rizvi, Advocate for the respondent: 4. Mr. Salim Raza…

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