| Citation(s) |
|---|
| 2009 SLG 3070 2009 SLD 3070 2009 PLC 5 |
Islamabad High Court
Labour Appeal No. 18 of 2007, decided on 6th August, 2008. Date of hearing: 15th July, 2008.
SYED QALB-I-HASSAN, J
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Labour Appeal No. 18 of 2007, decided on 6th August, 2008. Date of hearing: 15th July, 2008.
SYED QALB-I-HASSAN, J
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MUHAMMAD ASHRAF
VS
ISLAMABAD CLUB through Secretary
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 46,47(3)
Law: Indus River System Authority Act, 1992
Section: 12(3),15(4)
Industrial Relations Ordinance (XCI of 2002)--- ---Ss. 46 47(3)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(3) 15(4)---Termination of service---Grievance petition---Appeal---Employee whose services were terminated on certain charges of misconduct after issuing him show-cause notice and holding inquiry against him, filed grievance petition, which petition having been dismissed by the Labour Court, employee had filed appeal along with other employees against of the Labour Court---Establishment issued letter to employee narrating entire background of alleged incident and directed employee to appear before the Inquiry Officer---Inquiry Officer issued another notice to employee to take part in the inquiry proceedings and duly provided opportunity of cross-examination to employee---Contention of counsel for employee that neither any charge-sheet/show-cause notice was issued nor any opportunity of hearing was given to the employee, had no force, in circumstances---Counsel for employee had himself produced inquiry report in evidence before the Labour Court and no effort was made to summon the complete record of inquiry report or, Inquiry Officer by the employee---Court below, in circumstances had rightly taken into consideration the inquiry report in evidence---Alleged incident in the premises of the establishment had not been denied and criminal proceedings were also pending in the court---Stand taken by the employee that he had not participated in the said incident occurred in the premises of the establishment, had not been supported by any independent witness on behalf of the employee---Employee had himself admitted in cross-examination that no enmity existed between the witnesses produced by the establishment in inquiry proceedings--Charge-sheet was issued to the employee and consequently an inquiry was conducted on the allegation of misconduct and employee had participated in that inquiry and on the basis of the report of Inquiry Officer the order for termination of service of employee was passed by the establishment---Labour court, in circumstances had properly appreciated the record and passed impugned in…
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