Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S.25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15(3)(e) Misconduct Dismissal from service Employee was dismissed from service after charge-sheeting him and holding enquiry against him on allegation that he remained absent from duty unauthorisedly for more than ten days First Enquiry Officer having been alleged by the employee to be prejudicial against him, was replaced by another Officer who held enquiry against the employee in which employee participated New Inquiry officer in his Enquiry Report found the employee guilty of offence and he was dismissed from service on the basis of said Enquiry Report Employee, in circumstances, was rightly dismissed from service on allegation of misconduct Grievance petition against order of dismissal, was rightly dismissed by the Labour Court. Mehmood Hussain Siddiqui, Representative for Appellant.N.A. Talpur for Respondent. Date of hearing: 29th May, 2001. DECISION This appeal arose from the order dated 13 7 1999 of Sindh Labour Court No.VI, Hyderabad. The appellant's case is that he was employed as Operator Auto Cone on 14 7 1989 in the respondent Mill at Kotri. Despite his satisfactory performance ever since the date of his appointment, he was charge sheeted for unauthorized absence from duty for more than 10 days. He gave his reply denying the charges, but somehow respondents Management were unsatisfied with his reply. Consequently the enquiry was instituted against him and Salim Ahmad was appointed as an Enquiry Officer. The said Enquiry Officer soon became the target of the appellant's accusation of prejudice etc. He was therefore, replaced by Mr. Muhammad Kausar, the Labour Welfare Officer of the respondent Company. After completion of the enquiry the appellant was served with Second Show Cause Notice accompanied by Enquiry Report. He was ultimately dismissed from service on 22 8 1997 obviously on the basis of the Enquiry Report. Being unsatisfied with the Enquiry Report, the appellant found faults in it saying that he was not given proper opportunity of being heard etc. Even though on his complaint the very Enquiry…

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