Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 47(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.1(4) & 2(i) & S.O.15---Removal from service---Appeal---Appellant, who was found receiving illegal gratification in respect of clearing a plot, was charge-sheeted under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 and after having been found guilty in inquiry, was removed from service---Appellant filed grievance petition contending that he being `workman', West Pakistan, Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was applicable to him and that action against him could not have been taken under the Punjab. Civil Servants Efficiency and Discipline Rules, 1999---Labour Court dismissed grievance petition of appellant holding same to be without merits---Validity---West Pakistan Industrial and Commercial Employment (Standing. Orders) Ordinance, 1968 was applicable to appellant, but initiation of action against appellant under Efficiency and Discipline Rules., 1999; had caused no prejudice to the case of appellant---Both the provisions of Punjab Civil Servants Efficiency and Discipline Rules, 1999 as well as under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had provided a charge-sheet, holding of inquiry and thereafter a penal action against the employee, if allegations of the charge sheet were found correct---Forum, under both the enactments, for redressal of grievance, pertaining to action was the Labour Court---Forum and procedure in both the provisions of law were the same---No prejudice, in circumstances, was caused to appellant if wrong provision of law had been ascribed---Action against appellant could not be set at naught merely because a wrong provision of law was quoted---Appellant was heard, he was issued a charge-sheet, which was replied by the appellant and in the course of inquiry, appellant had participated in the proceedings---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1958, did not provide for a second show-cause notice or a personal hearing subsequent do the…

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