Law:

Section:

(a) Industrial dispute- --- Ex parte inquiry proceedings---Workmen against whom inquiry was held ex parte, pleaded that neither his request for changing Inquiry Officer was accepted nor he was allowed to participate in inquiry proceedings as he was disallowed to enter the gate---No document was brought on record by workman to show that management was requested by him to change Inquiry Officer or Inquiry Officer was given any such intimation or request not to hold inquiry---Plea of workman being that he had no confidence in Inquiry Officer, management's plea that workman did not participate in inquiry appeared to be correct and. plea of workman that he was not allowed to enter the gate was not believable--­Workman having failed to participate in inquiry proceedings, Inquiry Officer, held was justified in holding ex parte inquiry against him. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A---Limitation Act (IX of 1908), S. 14---Grievance petition---Limitation-- Period spent during proceedings which were not competent, to be excluded--­Fresh grievance petition was brought on same day on which previous one was filed which was in time but was withdrawn---Fresh petition, held, was within time and was not time-barred. JUDGMENT The appeal captioned above emerges from the decision dated 5-2-1989 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the grievance petition of the appellant for his reinstatement m service has been dismissed. 2. The allegations, for which the appellant was removed from service, were that he collected workers and alongwith others raised slogans against the management and entering the carpet weaving khata threatened the weaving master to be murdered. According to the management, the appellant did so in order to harass and coerce the management to accept illegal demands. 3. The appellant was duly charge-sheeted and inquiry notice was sent to him vide postal receipt Exh. R-8 to appear in the inquiry to be held on 27-4-1985. The case of the appellant is that he had gone to the gate of factory but was not allowed to enter it. On the other hand the case of the respondent is that the…

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