Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 38---Karachi Port Trust Act (VI of 1886), S. 23(2)---Appeal---Objection that employees who were removed from service had not properly exhausted remedies under S. 23(2) of Act, inasmuch as they had preferred appeals against order of their removal to Board as against Chairman of Port Trust, was not taken earlier before Labour Court or before High Court during hearing of Constitutional petition---Held, it was rather late in day to agitate that point at appellate stage. Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769 ref. (b) Industrial dispute- ---- Dismissal from service---From statement of allegations on basis of which employees were dismissed from service, it appeared that matter of employees was reported to police, but nothing was available to show that they had been proceeded against by police or even interrogated---Only witness appearing on behalf of employer was never associated with enquiry and had no personal knowledge about the matter---Enquiry Officer also had not been produced before Labour Court---Enquiry proceedings in circumstances, could not. be said to be socrosanct and order of dismissal of employees, was based on most flimsy grounds---Labour court, therefore, rightly concluded that dismissal of employees was not warranted under law. Muhammad Aslam Butt for Appellant. Ali Amjed for Respondents. Date of hearing: 23rd December, 1991. DECISION The circumstances in which these three appeals from a common order passed by the Labour Court, Karachi, have arisen, are as follows:-- 2. Rafiq Ahmad was an Assistant Sub-Inspector Watch & Ward Section of the K.P.T. and the other 2 respondents, Muhammad Ramzan and Muhammad Karim were Watchmen. 3. It is alleged that on the night between the 10th and 11th July, 1981 there was a theft of some accessories including Steering Wheel with Gear Lever and complete `Dash Board' from a Toyota Car at Wheat Plot of the K.P.T. where they were detailed on duty on that night, the statement of allegations against them was as follows:-- "On 10-7-1981, A.S.I. Rafiq Ahmad was booked in 10 p.m. to 6 a.m. as Incharge `Wheat Plot Cars' with two Watchmen…

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