Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), 5.0.15(3)(4) Misconduct Dismissal from service Employee was dismissed from service after charge-sheet and affording opportunities of being heard in enquiry held against him Employee was duly notified of the date of enquiry, but he boycotted the proceedings and left enquiry room without cross examining witnesses examined in enquiry Employee did not avail at least three opportunities given to him by Enquiry Officer Principles of natural justice, in circumstances, had not been violated and no prejudice had been caused to employee Allegation of misconduct on basis of which employee was dismissed from service having been proved by unrebutted evidence, employee was rightly dismissed from service. Jubilee Spinning & Weaving Mills Ltd., Karachi v. Bladar Khan and 8 others 1975 PLC 24; Jupiter Textile Mills Ltd. v. Hayat 1983 PLC 94; Syed Niaz Ali Ansari. v. Mushtaq Textile Mills Ltd., Hyderabad 1980 PLC 610; Fazal Hakeem. v. Messers Elite Textile Mills Ltd. 1982 PLC 591; Messers Amin Fabrics Ltd. v. Muhammad Akhter and another 1988 PLC 377 and General Manager, Bizvil Spinners Ltd. v. Tariq Habib 1990 PLC 378 ref. JUDGMENT This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969, against the decision dated 24 8 1998, passed by the learned Presiding Officer of Sindh Labour Court No.3 at Karachi whereby he was pleased to dismiss the Application No.7 of 1997 under section 25 A of the I.R.O. 1969. 2.Heard the learned counsel for the parties. 3. Mr. Ashraf Rizvi, learned counsel for the appellant submitted, firstly that the dismissal order, signed by Iqbal, was illegal and of no effect inasmuch as he was not a notified Manager of the factory. Mr. Faruq Abdul Ghani, learned counsel for the respondent referred to Exh.CW/1 (page 267 of R&P), which is a letter dated 6 12 1993 addressed to the Chief Inspector of Factories, by the management, intimating about the appointment of Mr. M. Iqbal as notified Manager of the factory, annexing form 'A;, giving the details, (Exh.CW/2 page 269 of R&P). He also…

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