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.Case No. 18(7) of 1978, decided on 12th June 1978.
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance (VI of 1968)‑
‑ S. O. 15(4)‑Misconduct‑‑Domestic enquiry‑Power of dismissal or expulsion operating to disadvantage of person arraigned at enquiry‑ Principles of natural justice to be observed in such enquiry- Enquiry Officer named as an accused person in counter case regis tered in respect of same incident and presumed to be biased against employee proceeded against‑Enquiry report drawn on basis of enquiry vitiated by bias and, therefore, nullity in eyes of law‑Held, proceedings based on such enquiry report including order of termi nation of service rendered nugatory.
In re : General Manager, Heavy Mechanical Complex, Taxila 1977 P L C 532 ; Zafarul Ahsan v. The Republic of Pakistan P L D 1960 S C 113 ; Mehr Din v. The Settlement and Rehabilitation Commissioner, Lahore P L D 1974 S C 193 ; S. Viqar Ahmad Burni, Accounts Assistant, Multan v. Managing Director, Multan Electric Supply Co. Ltd., Multan Case No. 22(1) of 1977 and M. U. A. Khan v. Rana M. Sultan and other P L D 1974 S C 228 ref.
‑‑‑ Repeal‑Not to be readily inferred by implication‑Repeal by implication can take place only in case of impossibility of reconcilia tion between two statutes.
‑ Ss. 6 & 7‑A‑Provisions of Act do not come into clash with provi sions of Economic Reforms Order (1 of 1972).
Aqa Asaf Jaffery for Petitioner.
Abdul Rashid, Assistant Labour Officer (Legal) with Abdul Khaliq Khan for Respondent.
Date of bearing : 30th July 1978.
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