Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(b) & (4) Dismissal from service Employee serving as Supervisor was dismissed from service on allegation of misappropriation and fraud after issuing him show cause notice, charge sheet and holding enquiry against him Enquiry against employee was held by an Enquiry Officer who not only was a knowledgeable person, but was also an independent and God fearing man who conducted enquiry independently taking into consideration facts of case and discussing entire evidence Employee fully participated in enquiry proceedings with his helper and enquiry was conducted in detail on different dates which took twenty days of hearing Employee could not find any fault in the said enquiry proceedings Enquiry Officer in his detailed enquiry report found employee guilty of committing fraud and mispapropriation Findings of Labour Court that case against employee was doubtful and that employee was punished without any reason, was based on non reading and misreading of .evidence by Labour Court and were based on surmises and conjectures Findings recorded by Enquiry Officer based on proper appreciation of record were correct and could not be interfered with Order terminating service of employee on basis of said findings of Enquiry Officer, was in accordance with law. Muhammad Fahim Ansari v. Messrs ICI Pakistan Ltd., Karachi 1993 PLC 78 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S.25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance(VI of 1968) S.O. 15(3) & (4)- Misconduct Enquiry into misconduct Nature Finding given in an enquiry proceedings should not be lightly interfered with by Labour, Court unless it was totally wrong, perverse and based on no evidence and that principle of natural justice had been violated by not affording an adequate opportunity to accused employee for producing his evidence Provisions of S.25 A, Industrial Relations Ordinance, 1969 though contemplated determination of allegation judicially with regard to alleged misconduct, but domestic enquiry into…

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