Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15(4)---Charge-sheet---Accused to be informed about alleged misconduct within one month---Provision mandatory---Time cannot be extended by Labour Court---Dismissal order set aside by Labour Court after finding that charge-sheet had not been served upon accused workman but employer allowed to hold fresh enquiry if desired---Charge-sheet thus served after about 2 years of alleged misconduct and resultantly fresh dismissal order passed by employer--Charge­-sheet, held, was time-barred and order of Labour Court would have no weight, because Labour Court had no power to permit an employer to do something which law forbade---Dismissal order thus was not sustainable. Wahid Bux, Representative for Appellant. Raes M. Mushtaq for Respondents. Date of hearing: 13th May, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Labour Court No. VII, Sukkur, dated 3-1-1989, whereby he dismissed the grievance petition of the appellant. 2. The brief facts leading to this appeal are that the appellant was a Driver working with the respondents. He is alleged to have remained absent without leave from 28-6-1985 to 27-10-1985. After serving charge-sheet and holding domestic enquiry against him, the appellant was dismissed from service by respondents, against which he filed grievance Petition No. 61 of 1987 which was decided by learned Labour Court No. VIth at Hyderabad on 19-10-1987, whereby the grievance petition of the appellant was allowed. He was ordered to be reinstated in service, but, the respondents were permitted to hold fresh enquiry against him, if they so desired. The learned Labour Court further observed that the charge-sheet had not been served upon the appellant. The respondents after reinstating the appellant, served upon him a fresh charge-sheet on the same charges on 12-11-1987, and after holding fresh enquiry against him again dismissed him vide order, dated 15-12-1987. The appellant after serving the grievance notice on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492