Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38---Limitation Act (IX of 1908), S. 4---Appeal---Maintainability of---No date for collection of copy of order appealed against had been fixed---Even if appellant did not go to collect copy of the order on date it was prepared appellant was not at fault as he was not called upon to collect same on specified date--­Excluding days spent from date of application for copy to date on which copy was actually delivered, appeal filed within prescribed period was not time-barred. (b) Industrial dispute--- Domestic enquiry---Proceedings clearly showed that workman did not participate in the enquiry---No order was available on record that workman had refused to participate in enquiry proceedings---Workman as his own witness deposed before Court that he was asked to sit outside and wait and thereafter order of his dismissal was announced to him---Mere holding of enquiry, was not the requirement of law, but person against whom enquiry was being held was to be allowed to participate in enquiry and given opportunity to cross-examine witnesses and to produce his defence. (c) Industrial dispute--- ----Domestic enquiry---Enquiry proceedings and enquiry report were not proved by solitary witness examined on behalf of establishment---Witness of establishment stated in chief examination that statements of witnesses in enquiry proceedings were recorded by him, but in cross-examination be admitted that he was not present when enquiry was held---Enquiry proceedings did not bear signatures of Enquiry Officer and it was not known who had held enquiry--­Workman was dismissed on the same day, he gave reply of charge-sheet, which meant that no opportunity was given to workman to prepare case to defend himself in enquiry---Workman could not be removed from service on the basis of so-called enquiry---Statement of workman that he was asked to sit outside and order of his dismissed was announced, could not be declared false as same was not rebutted by some cogent evidence. (d) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 25-A---Grievance petition---Abolition of Junior Labour Court---Cases pending in said Court having stood…

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