1976 PLP 408 (PLC)

Mirza Muhammad Kazim for Appellant. Mahmood Ghani for Respondents. This is an appeal against an order dated 15-5-1973 of Junior Labour Court No. V, Karachi dismissing application under section 25-A of Industrial ,Relations Ordinance, 1969. The applicant-appellant filed an application for re-instatement in service with back benefits under section 25-A of Industrial Relations Ordinance 1969, alleging that he is a confirmed employee of the respondent factory and an office-bearer of the Bargaining Agent Union. The Management is prejudiced against him and wanted to get rid of office-bearers. The appellant was refused entry into the mill since 14-11-72. The appellant made a grievance by a letter, which was replied by letter dated 28-2-1973 in which he was dismissed -for long absence. The charge-sheet, enquiry letter and dismissal letters were .not received by the appellant. Defence is that the applicant had remained absent without any leave or information since 14th November 1972 for more than 10 days and as such on 19th December 1972 the applicant was issued with charge-sheet which was posted registered A. D. at his postal address. The Management on the outside notice board also displayed a copy of this charge-sheet. Reply to the charge-sheet was received by the Management and on 28th December 1972 the applicant was issued an enquiry letter wherein he was directed to participate In the enquiry along with his witnesses on 3rd January 1973. This enquiry letter was also sent to the applicant at his postal address and yet another copy was displayed by the Management on the oustide notice board. On 3rd January 1973 the applicant failed to participate in the enquiry which was then conducted ex parte. Thereafter the report of the enquiry-officer was received wherein the applicant was found guilty of committing an .act of misconduct under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. On 4th January 1973, the applicant was issued with a dismissal order wherein he was informed that he has been dismissed from the mill service. This dismissal was also sent to the applicant at his postal address and one copy was displayed on the outside notice board. It is denied that the applicant has been victimised and the Management has committed any unfair labour practice. The applicant has been dismissed under section 15(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. It has been argued by Mr. Mirza Muhammad Kazim for the appellant that domestic enquiry was conducted without serving him with charge-sheet and the appellant was only served with dismissal letter. On the other hand Mr. Mahmood Ghani argued that charge-sheet was sent to him at his postal addressed a copy of it was sent at his village address as well as a copy of charge-sheet was displayed on the outside notice board and the Management has produced the charge-sheet Annexure `A' and two postal receipts Annexures `B' and 'C' through witness Abdul Majid before lower Court. I have seen the lower Court record and find that the charge-sheet was duly served upon him by two modes, viz. (1) By post, and (2) By display of charge -sheet on the outside notice board. As to second mode of display on outside Notice boards, witness Abdul Majid on behalf of Manager was not cross -examined by the appellant. The charge-sheet was sent to the appellant on the address given by him in his letter of appointment. It is not the case of the appellant that he had changed the address after his appointment and had intimated the same to the Management. I would therefore hold that service on the appellant was good and satisfactory. Evidence of Abdul Majid coupled with Annexures `C' and `G' further establishes that the enquiry letter also sent to the appellant at his postal address. It appears that the appellant was avoiding service of the charge-sheet or intimation of the date of enquiry. The appellant had chosen to remain absent. The Enquiry Officer had no other alternative but to proceed with the enquiry in his absence and in such a case it would not be a violation of the principles of natural justice. Evidence of Abdul Majid coupled with documents exhibited on record establishes that the appellant remained absent from 14-11-1972, till 19-12-1972 for more than 10 days, without prior permission or leave or any intimation. This amounts to misconduct within the meaning of S. O. 15(3) (e) of West Pakistan Industrial rind Commercial Employment (Standing Orders) Ordinance, 1968. Nothing has been brought on record to suggest that the Enquiry Office was prejudiced against him or the proceedings held before him were in violation of principles of natural justice. I cannot interfere with the finding of the Domestic Enquiry Officer. I cannot sit as a Court of appeal on his findings. For these brief reasons, therefore, the order of the lower Court is main tained. The appeal is accordingly dismissed.