Law:

Section:

Industrial dispute--- ----Domestic enquiry---Witnesses examined in domestic enquiry as well as officer who had conducted enquiry, were not produced by employer before Labour Court---Although, it was not incumbent on employer to produce witnesses examined in domestic enquiry, but it was necessary to produce enquiry officer before Court so that he could rebut allegations put forward by aggrieved employee and prove that proceedings before him were in accordance with law and that employee had been given sufficient opportunity to defend himself---Employers had contended that if they were satisfied with report submitted by Enquiry Officer and acted thereon, due weight had to be given to his findings---Due weight no doubt had to be given to findings of the Enquiry Officer but there was nothing like magic wand about enquiry and Labour Courts were there as a double-check to see that employees were not left to tender mercy of employers---Labour Court has to see whether facts and circumstances of case would pass muster both on facts as well as law. Pakistan Railways v. Syed Tarawat Hussain 1980 PLC 24 and Crescent Jute Products Ltd., Jaranwala v. Muhammad Yaqoob etc. PLD 1978-SC 27 ref. Mirza Muhammad Kazim for Appellant. Latif Saghar for Respondents. Date of hearing: 12th December, 1991. DECISION This appeal from the order of the learned Presiding Officer of Sindh Labour Court No. IV at Karachi arises in the following circumstances:- 2. It is alleged that there were two Unions in the respondent company and there was bad blood between the two of them. There were elections and a Referendum was to follow. The appellant who was a staunch member of the Workers Union is stated to have been run down maliciously at the instance of the rival party. She was charge-sheeted on the allegations that on the 5th and 6th of June, 1989, during the break between 10 and 10.15 a.m. she had addressed the workers inciting them to go slow in the work and had also abused the Director of the company and the staff members. An enquiry was held and there was an order of dismissal. 3. The appellant had made a representation to the employers but was not replied to. Later a grievance petition was fled…

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