Case Details

Citation(s)
1992 SLG 660 1992 SLD 660 1992 PLC 136
Lahore High Court
Writ Petition No. 3689 of 1991, decided on 17th November, 1991.
MALIK MUHAMMAD QAYYUM, J

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KARAM HUSSAIN

VS

DAILY MASHRIQ through Chief Executive and 2 others KARAM HUSSAIN vs DAILY MASHRIQ through Chief Executive and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 22-A(8)(g)---Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S. 4---Termination of service---Services of employee, who was working as Photographer in the Newspaper Establishment were terminated on allegations that he had failed to perform his duties efficiently and that he failed to account for two cheques of huge amount handed over to him---Employee denied all the allegations and filed application before National Industrial Relations Commission (N.I.R.C.) under S. 22-A(8)(g) of Ordinance, 1969, complaining of unfair labour practice on part of employers accompanied by application for grant of interim relief---Commission admitted application of employee for regular hearing and also accepting his application for grant of interim relief, restrained employers to pass any final order in the meantime, concerning charge-sheet against employee---Interim order passed by Commission was duly communicated to employers, but employers despite receiving same, terminated services of employee only next day from receiving that order---In presence of injunction duly issued by Authority of competent jurisdiction, it was not open to employers to have passed any order in disregard of restriction imposed upon them---Order of employers which admittedly was passed without any lawful authority and in violation of order of competent Authority, could not sustain. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.22-A(8)(g)---Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S.4---Termination of services---Employee was terminated from service on charge that he failed to account for two cheques of huge amount handed over to him by employers---Enquiry Officer admittedly held enquiry against employee in his absence as on the date enquiry was held, employee was on medical leave---Enquiry report was also submitted on next day which was Friday and employee was also on leave---Record did not show as to what evidence was recorded and what proceedings were conducted by Enquiry Officer, but Enquiry Officer in his report had stated that he had recorded statement of Establishment Officer who had…
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