1979 PLP 69 (PLC)
NAZAR MUHAMMAD Versus MANAGING DIRECTOR, MULTAN ELECTRIC SUPPLY Co. LTD.
| Citation | 1979 PLP 69 (PLC) |
| Forum / Court | National Industrial Relations Commission |
| Bench Members | N/A |
| Parties | NAZAR MUHAMMAD Versus MANAGING DIRECTOR, MULTAN ELECTRIC SUPPLY Co. LTD. |
Q1: What are the key laws and sections cited in 1979 PLP 69 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1979 PLP 69 (PLC)?
The case was heard and decided by the National Industrial Relations Commission bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979 PLP 69 (PLC) (NAZAR MUHAMMAD Versus MANAGING DIRECTOR, MULTAN ELECTRIC SUPPLY Co. LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Aqa Asaf Jaffery for Petitioner.
- Abdul Rashid, Assistant Labour Officer (Legal) with Abdul Khaliq Khan for Respondent.
Headnotes / Summary
(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. (b) Interpretation of statutes‑ ‑‑‑ 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. (c) Pakistan Essentials Services (Maintenance) Act (LIII of 1952)‑‑ ‑ Ss. 6 & 7‑A‑Provisions of Act do not come into clash with provi sions of Economic Reforms Order (1 of 1972). Date of bearing : 30th July 1978.
Judgment & Decree
‑ 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. (b) Interpretation of statutes‑ ‑‑‑ 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. (c) Pakistan Essentials Services (Maintenance) Act (LIII of 1952)‑‑ ‑ 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.