Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry---Cross-examination of witnesses---Purpose---To check veracity of statement of witness---Tendering a witness for cross-examination without being first examined-in-chief carries no purpose of cross-examination--­Accused, cannot be considered to have been afforded proper defence opportunity and a witness whose examination-in-chief was not recorded would be deemed not to have been examined for purpose of inquiry. (b) Industrial dispute-- --- Dismissal for misconduct---Domestic enquiry---Bus conductor alleged to have realised fare without issuance of tickets---Only one witness, namely, Reporter examined and neither any other member of raiding party nor Bus Driver nor any passenger who was alleged to have not been issued ticket examined---Defence plea that tickets of proper denomination were not available, therefore, tickets of lower denomination had been issued to cover amount of fare---Enquiry Officer not making effort to find out real position about sale of tickets---Conclusion of guilt arrived at by Enquiry Officer, in circumstances, was not sustainable. 1986 P L C 838 and 1909 P L C 701 rel. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)---Grievance petition---Adjudication of---Labour Court to examine petition from all aspects to see that proper justice is done and petitioner gets fair deal---Question that impugned dismissal order was not by competent authority neither raised in grievance notice nor in grievance petition---Plea that such point could not have been discussed by Labour Court, repelled---Held: When Labour Court had reached the conclusion that impugned order was not passed by competent authority it was incumbent upon employer at appellate stage to produce record to prove otherwise and non-production of same would raise presumption against employer. Muhammad Rafiq v. Road Transport Corporation, Lahore 1968 P L C 382 rel. Narain Das for Appellants, Haq Nawaz Baloch for Respondent. Date of hearing: 7th November, 1988. DECISION This appeal is directed against an order, dated 13-10-1985 passed by the learned Presiding Officer, Sind Labour Court No. IV at Karachi, whereby the…

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