Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 15(1), (3) & (4)---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Dismissal---Appellant who was working as Secretary to the Manager of the firm was dismissed from service for misconduct for alleged acts of omission and negligence after domestic enquiry---Appellant could not participate in the said enquiry on ground of illness and for lack of service of notice---Appellant sent her application for leave alongwith Medical Certificate to the effect that she was suffering from severe depression, weakness and low blood pressure which was not believed by the employer---Appellant who had been punished for a charge under S.O.15(1)(i) when such charge was not brought to her notice---Show-cause notice was stated to have been issued to appellant but by said notice she was not called upon to explain her position but it only expressed the hope that she would not give any cause in future---Charges contained in letter of charge-sheet pertained to a period much earlier than one month before issuance of show-cause and therefore was violative of S.O.15(4) of West Pakistan Ordinance VI of 1968--­Inquiry held against appellant was neither fair nor in accordance with principles of natural justice---Inquiry Officer did not act independently but sought instructions from Manager of the firm and proceeded ex parte against the appellant---Held, order of dismissal of appellant as upheld by Labour Court was not maintainable in circumstances. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 15(4)---Misconduct---Requirements for application of cl. (4) of 5.0.15 of Ordinance stated. Usman Ghani v. Globe Textile Mills Ltd., Karachi 1980 P L C 1213; S.M. Irfan v. Messrs Pakistan Defence Officers Cooperative Housing Society Ltd., Karachi 1981 P L C 192 and Samiullah Khan v. Messrs Avery Scales Ltd., Karachi 1980 P L C 701 rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 15(4)---Domestic inquiry---Delay---Misconduct---Domestic enquiry, must be conducted…

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