Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S.25-A--Dismissal--Absence from duty without intimation--Appellant dismissed from service after domestic inquiry in which he was declared guilty--Record showing that appellant had put no question to prosecution witnesses in cross­-examination nor he did have any opportunity to cross-examine witnesses nor respondent proved that appellant did not want to cross-examine respondent's witnesses--Held, it could not be concluded that inquiry was fair and proper without examining Inquiry Officer--Order of dismissal of appellant set aside and case remanded to Labour Court with direction to decide case afresh after examining Enquiry Officer and after hearing parties again unprejudiced by its previous order. Muhammad Shafiq Qureshi for Appellant. Shareef Ahmed Malik for Respondents. Date of hearing: 2nd April, 1990. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No.1 Karachi, dated 24-9-1989. 2. I have heard Mr. Muhammad Shafiq Qureshi, learned Advocate for the appellant and Mr. Shareef Ahmed Malik, learned counsel for the respondents and have also come through the record and proceedings of the case. 3. The facts of the case are that the appellant remained absent without intimation for more than ten days from 11-7-1987. He was charge sheeted on 25-7-1987 and after domestic enquiry he was found guilty and was dismissed from service on 26-8-1987. Being aggrieved by this dismissal order he served grievance notice upon the respondent and then filed grievance petition before the Labour Court. 4. The main contention of the appellant is that the enquiry was not fair, as he was not given any opportunity to cross-examine prosecution witnesses. The enquiry proceedings show that no question in cross-examination…

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