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Appeal No. KAR‑188 of 1976, heard on 9th December 1976.
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance (VI of 1968) -------
‑‑ S. 2(c) read with Factories Act (XXVI of 1934), S. 9(1) (e)‑----"Employee"‑Person named as "Manager" of Factory under S. 9(1) (c) of Factories Act‑field, "employer".
‑‑‑‑ S. 25‑A‑Plea not taken in grievance petition or application under S. 25‑A‑Such plea cannot be entertained by Labour Court for first time during course of arguments.
(c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑---
‑‑ S. O. 15‑Show‑cause notice and inquiry report supplied to accused worker‑Management not required to supply inquiry proceedings.
S. P. Lodhi for Appellant.
Mahmood A. Ghani for Respondent.
Date of hearing 1 9th December 1976.
This appeal has been filed against the order of the Labour Court dismiss ing the application made under section 25‑A, I.R.O.
2. The appellant was in the service of the respondent. He was charge -sheeted on 21st October, 1975 for misbehaving with a lady worker. He denied the allegation. Inquiry was held and he was found guilty. After show‑cause notice he was dismissed from service. After serving the grievance notice he approached the Labour Court.
3. The application was resisted. Evidence was recorded. On the assessment of the evidence the application was dismissed by the Labour Court. Aggrieved by this, the present appeal was filed.
4. It has been urged on behalf of the appellant that Mr. S. C. Subjally who issued the show‑cause notice, charge‑sheet and dismissal order was not an employer within the meaning of section 2(c) of West Pakistan Standing Orders Ordinance, 1968. This plea was also taken in the Labour Court during the course of arguments but it was rejected on the ground that Mr. Subjally was the Manager of the factory and also Manager, Personnel and Administration. According to the definition, a person named as Manager, of the Factory under clause (e) of subsection (1) of section 9 of Factories Act is an Employer'. Thus the objection raised on behalf of the appellant is unwarranted. Moreover, in this connection it is pointed out that no such plea was taken either in the grievance petition or in the application made under Section 25‑A of I. R. O., 1969. Consequently, the objection could not be entertained by the Labour Court for the first time during the course of arguments. I may also point out that the learned counsel for the respondent has produced a letter of Assistant Director Labour and Inspector of Factories showing that Mr. Subjally was notified as Manager in Form 'A' on 3rd January, 1974. The charge‑sheet, in the present case, was served on 21st October, 1975. Thus Mr. Subjally was a competent person.
5. It was next argued that the appellant had made a complaint against the lady worker and instead he was charge‑sheeted. This cannot be a valid objection.
6. Lastly, it was argued that inquiry proceedings were not supplied. It is not denied that show‑cause notice and inquiry report were supplied to the appellant. No provision of law has been pointed out requiring the Manage ment to supply the inquiry proceedings. Moreover, it has not pointed out that any prejudice was caused.
7. In result the appeal is dismissed.
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