Find a Lawyer

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑--

‑---‑S. O. 15(4)‑Domestic enquiry‑Accused prosecuted and con victed in criminal trial‑Termination of service for same allegation without conducting enquiry‑Not sustainable.

(b) Industrial Relations Ordinance (XXIII of 1969) -----

-‑‑‑Ss. 25‑A & 37‑Impugned order of Labour Court accepted and acted upon by employer‑‑Appeal of employer, in circumstances, held, not maintainable.

Saleem Baig for Appellant.

M. A. Hamid Awan for Respondent.

Date of hearing :12th December, 1982.

This appeal arises from the decision, dated 27th May, 1981 passed by the learned Presiding Officer, Labour Court No. 3, Lahore at Ferozwala, whereby the grievance petition of the respondent was accepted and he was directed to be re‑instated in service with full back benefits.

2. The allegation against the respondent was that although an oil tanker had not reached the mills yet the respondent made entries in the record that it had been received. A criminal case on the same basis was also got registered icy which the respondent was convicted and sentenced to imprisonment by Summary Military Court. The respondent had been charge‑sheeted but without holding an inquiry was terminated on the basis of the conviction by the Summary Military Court. The learned Court re‑instated the respondent but allowed the appellant to hold inquiry. The appellant has after holding inquiry dismissed him and grievance petition of the respondent is pending in the labour Court.

3. It has been argued by the learned counsel for the appellant that merely on the basis of conviction an employee can be terminated without inquiry. The argument is without force. If the employee is stigmatized following of the procedure given in Standing Order 15 (4) vide Standing Order 12 (5) is necessary. The respondent was, therefore, rightly) directed to be re‑instated.

4. The appeal is not maintainable for this reason also that the appellant has accepted and acted upon the impugned orders of the learned lower Court by holding inquiry and dismissing the respondent.

As a result of the observation made above I do not find any force in the appeal and dismiss it.

A. E. Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.