Law: Industrial Relations Ordinance, 2002

Section: 46,47(3)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 15(2)(4)

  Industrial Relations Ordinance (XCI of 2002)---   ----Ss. 46 47(3)---Industrial and Commercial Employment (Standing Orders), Ordinance (VI of 1968), S.O.15(2)(4)---Dismissal from service---Grievance petition---Reinstatement---Appeal---Employee, who was dismissed from service on ground of misconduct, filed grievance petition against dismissal, which was allowed and he was directed to be reinstated in service---Employer filed appeal against such order of the Labour Court, urging that matter be remanded to the Labour Court as Presiding Officer of the Labour Court in his had concluded that no cross-examination of employees witness was conducted---Cross¬-examination of witness of the employee was marked nil as none was found present for the employer---Said error was very apparent on the face of the record of the case---Matter was remanded to the Labour Court to examine afresh the evidence and afford an opportunity to employer for cross-examination of the witness of the employee---If the witness would fail to appear or other side failed to cross-examine without sufficient cause, then the order as deemed fit be passed and the matter he decided accordingly within specified period.    Muhammad Sain v. Muhammad Din 1996 SCMR 1918; Crescent Jute Products Ltd. Jaranwala v. Muhammad Yaqoob and others PLD 1978 SC 207 and Pakistan International Airlines Corporation Karachi v. Junior Labour Court No.IV, Karachi PLD 1978 SC 239 ref.   ORDER SALMAN ANSARI, J.---This appeal has been filed by the appellants who being aggrieved and dissatisfied with the impugned judgment dated 29-4-2006, whereby the applicant/respondents grievance application was allowed and the appellant/respondent was directed to reinstate the applicant in employment with all back-benefits. Learned counsel for the appellants has urged that the matter be remanded back to the Labour Court as the findings are apparently on the face of it erroneous. Learned counsel has pointed out that the learned Presiding Officer has in his judgment concluded that no cross-examination of the respondents witness was conducted, hence the respondent had failed to substantiate his plea through the witness but…

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