Law:

Section:

(a) Industrial dispute --- ----Grievance petition---Maintainability---Receipt of grievance notice sent by employee was unequivocally admitted by employer in his written statement, Employee had produced postal receipt of despatch of such notice---Finding of Labour Court that grievance petition filed by employee against employer did not lie at all as no grievance notice was given by employee to employer, was not correct in circumstances. (b) Industrial dispute--- ---- Termination of service---Employee was terminated from service on allegations that he alongwith other employees, addressed a meeting of workers in canteen of factory premises wherein they had instigated co-workers to resort to go slow with work and had also hurled abuses on Director and Members of Staff---First information report against employee had been lodged by a member of rival Union and witnesses produced before Enquiry Officer also came from that group--- Employee had won election and was Joint Secretary of his Union, thus all love must have been lost between rival parties---In such situation testimony of witnesses of rival party needed careful examination---No apparent reason was given as to why alleged incitement was against Management---Allegation was that 15 & 16 speakers made defiant speeches within 15 minutes during tea break, but words used by them had not been explicitly mentioned by witnesses---Even Enquiry Officer had not been examined and no explanation had been given for his non-examination---Case against employee was of frame up and entire story could not be said to be free from doubt---Order of Court below was set aside and employee was reinstated with back benefits. Mirza Muhammad Kazim for Appellant. Latif Saghar for Respondents. Date of hearing: 12th December, 1991. DECISION It is alleged that on 5th and 6th of June, 1989, the appellant alongwith other employees addressed a meeting of the workers in the Canteen of the factory premises wherein they had instigated the co-workers to resort to go­ slow with the work, and had also hurled abuses on the Director and the members of the staff. A charge-sheet was issued con 8-6-1989 and was replied to. It transpires that out of 15…

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