Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 2(xxviii),25A

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 2(xxviii),25A

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 2(i)

Industrial Relations Ordinance (XXIII of 1969) Ss. 2(xxviii) & 25A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) Dismissal from service Grievance petition Maintainability Workman -Determination Employee working as storekeeper and doing manual and clerical duties was dismissed from service after holding enquiries against him Employee had challenged his dismissal in grievance petition Grievance petition was resisted by the employer on legal as well as factual ground alleging that same was not maintainable as the duty of the employee as storekeeper was supervisory not involving manual or clerical job and that the employee not being a workman, his petition was not maintainable -Version of employee that he was a workman performing manual and clerical duties, remained unchallenged as he was not cross examined by the employer on that point Evidence of employee relating to his status of being a workman was also corroborated by his witnesses and even the employer's own witness had also stated that the employee was doing the duties of manual/clerical nature Labour Court, in circumstances, had rightly concluded that the duties performed by the employee were clerical/manual Employee having been proved as workman, his grievance petition was legally maintainable Dismissal of employee was based on' Enquiry Report made in domestic enquiry held against him Witnesses of employer were not examined in presence of the employee and the employee was not provided fair opportunity to cross examine them Enquiry Officer was not produced in evidence to defend the truthfulness of the enquiry Employer having failed to establish the charge against the employee on basis of which he was dismissed from service, Labour Court rightly allowed his grievance petition. PLD 1972 SC 25 and 1991 PLC 174 ref. Sher Afgan for Appellant.Shafiq Qureshi for Respondent. Date of hearing: 30th May, 2001. DECISION This appeal is the outcome of the decision of the Sindh Labour Court No.V, Karachi, dated 31st August, 1998 whereby the grievance petition filed by Muhammad Ramzan (respondent in this appeal) was allowed. His grievance was that he was working as…

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