Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Removal from service on ground of misconduct---Grievance petition---Appeal---Employee, who was employed as helper in the employer's factory, was removed from service after serving upon him notice and holding inquiry against him on allegation that he was guilty of misconduct---Enquiry Officer, after evaluation of whole evidence available before him, observed that employee was guilty of misconduct and recommended his removal from service on said recommendations---Full and fair chance was afforded by the Enquiry Officer to the employee to participate in the enquiry proceedings and employee had participated in the enquiry proceedings---Throughout proceedings the employee did not raise any objection on the appointment of the Enquiry Officer nor allege any mala fide, bias and enmity against him---Effect---Employee was afforded full and fair opportunity to rebut the allegations contained in the charge-sheet against him, but he failed to produce any evidence showing reasonable discrepancy in the statements of the witnesses recorded before the Enquiry Officer---Enquiry Officer had produced all the enquiry papers, statements and his recommendations before the employer against the employee, in his enquiry report---Trial Court appraised the whole evidence brought on record regarding allegation of misconduct committed by the employee---Trial Court did not find any material defect in the enquiry conducted by the Enquiry Officer against the employee and had rightly refused the reinstatement of the employee---Order passed by the court below, did not suffer from any illegality or irregularity so as justify interference with it. Ghulam Sarwar Chandio for Appellant. ORDER ARSHAD NOOR KHAN, J.--- By this appeal, the appellant has questioned the legality and validity of the order passed by the learned Presiding Officer, Sindh Labour Court No.VI, Hyderabad dated 31-8-2005, whereby the Grievance Application No.138 of 2004 under section 46(3) of I.R.O., 2002 filed by the appellant against the respondent for his reinstatement was…

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