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Appeal No. LR-83 of 1973/Pb., decided on 16th November 1973.
-- Ss. 47 & 37-Permission of Labour Court for dismissal due to misconduct-Permission granted without Zing on guilt of mis conduct-Order of Labour Court, held, erroneus---Findings as to misconduct-Essential before permission-Order of Labour Court set aside in appeal and case remanded by Appellate Tribunal.
Nazir Ahmed Naz for Appellant.
Abdur Rehman Ansari for Respondent.
Date of bearing: 16th November 1973.
This is an appeal against the order dated 8-10-73 passed under section 47 of Industrial Relations Ordinance, 1969 the Punjab Labour Court No. 3, Lyallpur, whereby permission was :-anted to the District Manager, Government Transport Service, Lyallpur, respondent, to dismissMuhammad Azam, appellant.
2. I have gone through the order of the Labour Court and find that without giving any finding as to whether the appellant was guilty of misconduct permission was granted to the respondent for his dismissal. The learned Labour Court, in my view, has erred, in passing such an order. The was incumbent upon it to have first given a finding as to whether appellant was guilty of misconduct and if he was so found guilty then alone permission should have been granted to dismiss him.
3. In view of the above I accept the appeal, set aside the order of the Learned, Labour Court and remand the case back for decision in the light of my order. In the meanwhile the order of dismissal of appellant passed by the respondent is also set aside.
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