Domestic inquiry

Not open for Labour Court to re-examine and re-appreciate evidence recorded in domestic inquiry and come to the conclusion contrary to one reached by Inquiry Officer.

Such domestic inquiry, held, should not be undertaken before ascertaining facts about service o-notice to employee proceeded against

Inquiry Officer was not justified in proceeding ex parte against employee.

Domestic enquiry-No prosecution witness examined-Statement of accused recorded and accused cross-examined by Enquiry Officer-Enquiry Officer posing himself to be a prosecutor

Enquiry, in circumstances, held, not tenable in law.

Defect in enquiry, in circumstances, held, immaterial.

Non-production of some document merely, in circumstances, held, not itself sufficient to show that any prejudice caused to accused.

Domestic enquiry-Employee present but not cross-examining witnesses and also refusing to lead defence evidence - Such behaviour, held, amounted to bycotting enquiry-Conduct of employee found unsavoury - Order of Labour Court dismissing grievance petition against dismissal pursuant to such enquiry, in circumstances upheld by Appellate Tribunal

Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3).

Domestic enquiry-Accused a Junior Sales Assistant while search by Martial Law Team at Airport Gate found possessing Travellers cheques in his pocket-Martial Law Team after verifications from Duty Free Shop handing over case to Administration of Duty Free Shops-Domestic enquiry resulting in dismissal from service of accused conducted without supply of copy of basic report of Martial Law Team though same read over during enquiry to accused-Accused, in circumstances, held, prejudiced in defence-Labour Court awarding reinstatement allowing Administration to hold fresh enquiry-Explanation of accused found plausible-Appellate Tribunal, in circumstances, maintaining order of Labour Court and allowing back benefits also with orders that no further fresh enquiry was necessary-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3).

Domestic enquiry - Ex parte - Worker not supplying correct residential address to employer-Cannot subsequently complain against ex parte proceedings.

Objection as to validity of enquiry on that account-Repelled.

Domestic enquiry-Term "holding enquiry" -Meaning-Labour Appellate Tribunal while accepting grievance petition against dismissal for misconduct allowing option to employer to 'hold fresh enquiry within specified time"-Phrase "holding enquiry", in circumstances, held, would mean not only to start enquiry but also include conclusion of enquiry with a final result-Dismissal order passed in pursuance of such fresh- enquiry beyond specified time, held, of no legal effect.

Criminal trial-Effect of acquittal in criminal trial-Bus Driver driving bus with defective brakes instead of refusing to drive same in such condition and causing damage due to serious accident resulting also in death of a car driver-Dismissed from service on basis of domestic enquiry Plea that accused acquitted by criminal Court hence should not have been- dismissed-Driving bus, with defective brakes on busy road, held, itself act of gross negligence -and rashness-Acquittal by criminal Court due to lack of proof for conviction, held, cannot be taken into consideration

Order of Labour Court dismissing grievance petition maintained by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3).

Enquiry, in circumstances, held, suffered from no short-coming and resultant dismissal order upheld.

Dismissal for misconduct-Domestic enquiry-Undue haste by Enquiry Officer-Effect-Accused must be given ample opportunity to cross-examine prosecution witnesses and to produce defence

Whole proceedings completed within two hours without granting any adjournment to accused to produce his defence-Undue haste by Enquiry Officer, in circumstances, held, caused miscarriage of justice.

Domestic enquiry-Enquiry Officer not appointed by competent authority has no jurisdiction to conduct enquiry-Dismissal order based upon such enquiry - Not sustainable

Grievance petition dismissed by Labour Court-Appellate Tribunal, in circumstances, setting aside order of Labour Court and impugned dismissal order awarding reinstatement-Reinstatement being for technical defect appellant, held, not entitled to back benefits-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3).

Questions put by accused record-Reply of witness to such questions not obtained-Opportunity of cross-examination, in circumstances, held, not afforded-No statement of accused recorded to the effect whether he wanted to examine any person in defence-Enquiry, in circumstances, held, not proper-Dismissal order based upon such enquiry-Not sustainable.

Domestic enquiry - Handwriting expert's report - Accused charged of forgery-No direct evidence of alleged forgery-Reliance placed on report of handwriting expert-Such report not pointing out any similarities, in alleged signature and spencimen signature, in respect of any salient characteristics like pen-lifts, pen-pressure, pen-movements, starts and ends-Labour Appellate Tribunal finding dissimilarities of such characteristics-Impugned dismissal order and order of Labour Court dismissing grievance petition, in circumstances, set aside by Appellate Tribunal awarding reinstatement with back benefits-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A and 38 (3).

Domestic enquiry-Discrepancy regarding place of alleged incident-Material and cannot be taken lightly.

Akin to a Judge of a Court-Expected to go by the evidence-Findings not to be based on presumption-Bank employees charged for mis-appropriation Facing joint enquiry -Statements of all accused recorded in question-answer form-No witness necessary to prove allegations produced No opportunity to cross-examination each other afforded-No opportunity of defence evidence given

Order of Labour Court setting aside consequential penalty of dismissal from service and awarding re-instatement with back benefits, in circumstances, upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3).

Not sufficient to establish charge.

Accused, in circumstances, held, rightly found guilty on basis of evidence of checker before Enquiry Officer.

Order of Labour Court dismissing grievance petition against penalty of dismissal from service based upon findings of enquiry, in circumstances, upheld by Appellate Tribunal

Industrial Relations Ordinance (XXIII of 1969), Ss.25-A 38(3).

Statement of accused recorded and case closed-Accused not stating that he did not want to examine any witness in defence

Accused, in circumstances, held, not given opportunity of defence hence enquiry not proper

Inquiry, held, should have been adjourned for defence of accused after closing prosecution evidence and recording statement of accused.

Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3).

Not necessary Statement recorded without oath otherwise carrying sufficient evidentiary value in view of circumstances of case

Cannot be held ineffective merely for failure to administer oath

Oath is administered in order to raise value of evidence

Failure to administer oath

Not a legal infirmity.

Non participation of accused in inquiry, on request being not granted, in circumstances, held, not justified.

Statement of accused to be recorded to give him opportunity to explain material coming on record by prosecution evidence.

Not a proper enquiry.

Not sustainable.

Enquiry not necessary.

Explanation that accident was due to weak front tyre which fact was brought to notice of Yard Master (Superior Officer) before journey who desired that tyre would be changed on return from journey

Yard Master not examined to falsify statement of accused-Punishment of recovery of damage, in circumstances, vacated by Labour Appellate Tribunal

Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3).

S. 25-A-Domestic Inquiry-Scope of scrutiny by Labour Court Scope even if limited yet it positively includes assessment whether finding arrived at during domestic inquiry was justified and warranted by material available on records of such inquiry.

Bus conductor's case-Ticketless passenger-Fare allegedly recovered-Statement of passenger not recorded by checking party Such passenger not even examined in inquiry-Accused, in circumstances, held, denied opportunity of defence.

Domestic enquiry-Charge not established on evidence-Charge cannot be deemed established on presumption.

Domestic enquiry-Accused not participating-Enquiry Officer without recording any evidence in proof of alleged incidence or misconduct-Findings thus recorded, held, not sustainable-Enquiry Officer duty bound to investigate matter to arrive at a finding regarding alleged incident and misconduct.

Cannot be totally ignored particularly in absence of any other evidence to prove prosecution case - Finding based upon no evidence but sheer assumptions-Perverse-Consequential penalty order-Not sustainable.

Not independent hence not sustainable.

Domestic enquiry-Ex parte proceedings-Notice of enquiry received by accused after time fixed for enquiry-No evidence or proof to refute such fact and to prove that notice was served well in time-Ex parte inquiry, inquiry report and eventual order, in circumstances, held, invalid for want of proper defence opportunity-Management entitled to hold fresh enquiry-Back benefits subject to result of fresh enquiry

Industrial Relations Ordinance (XXIII of 1969), S. 25-A.

Witnesses stating about conduct of accused subsequent to alleged incident also regarding neglect of duty-Enquiry held impartially and with full opportunity of defence-Enquiry Officer holding accused guilty of charges mentioned in charge-sheet though also making mention of fact regarding subsequent neglect on basis of statement of witnesses-Mere mention of such allegation of neglect in enquiry report without holding accused guilty thereof, in circumstances, held, cannot be said to have influenced employer through extraneous allegations while passing eventual order based upon enquiry report-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15 (3) (a), (b) & 15 (3) (i).

Domestic enquiry-Enquiry Officer with findings of enquiry recommending penalty of dismissal-Such recommendations-Do not invalidate proceedings or action.

Accused when appearing informed and statement read over to him and asked to cross-examine witness but stating that he did not want to cross-examine - Nothing objectionable, held, occurred.

Domestic enquiry-Copies of statements of witnesses-Supply to accused-Not a requirement of natural justice.

Domestic enquiry-Examination of witnesses-No specific procedure-Any reasonable procedure causing no prejudice to accused in his defence permissible-Witness informed of specific charge before his statement with a view to limiting evidence to the charge-. Witness examined in presence of accused with opportunity of cross-examination-No prejudice caused

Procedure, held, not objectionable.

S. O. 15 (4)- Domestic enquiry - Expression "independent inquiries"-Postulates not only that inquiry must be fair and impartial but must be conducted by a person independent and not connected with charges

Enquiry conducted by person issuing showcause notice and ordering initiation of proceedings-Not conducted by an independent person - Consequential dismissal order

Not sustainable.

Domestic inquiry-Enquiry Officer-Person in course of official duties seeing report of alleged incident-.Not disqualified to be an Enquiry Officer.

Officer of not same establishment but employee of a sister concern- Not for that reason disqualified to hold enquiry.

S. 25-A and West Pakistan Industrial and Commercial Employment (Scantling Orders) Ordinance (IV of 1968), S. Os. 12 (3) & 15 (4)-Domestic enquiry-Labour Court empowered to enter into questions of fact to arrive at its own conclusion regardless there being illegality of procedure in domestic proceedings-Contention that Labour Court could not go into evidence led before enquiry Officer and had to confine its decision as to whether or not inquiry was fair and properly held-Rejected

Enquiry not held on assumption that accused would be absenting

Inquiry Officer assuming role of Investigating Officer and before any prosecution evidence recording statements of accused and then closing enquiry without defence opportunity to accused with reference to prosecution evidence

Grave prejudice, held, caused to accused vitiating domestic enquiry

Consequential dismissal order set aside-Management, held, had option in circumstances to hold proper enquiry-Back benefits made dependent upon result of fresh enquiry if held.

Appointment by person witnessing alleged misconduct-Improper.

Delay not only violative of spirit of S. O. 15(4) but also a source of harassment to accused - Three days' time for submission of reply to charge-sheet-Quite adequate-Enquiry completed in one day after due notice and with participation of accused-No fault, held, can be found merely on account of completion of inquiry in one day.

Domestic enquiry-Copy of findings of enquiry-Whether essentially to be supplied with second show-cause notice before penalty order-Not a requirement of law-Non-supply of same invalidates penalty order when it amounts to failure to give opportunity to explain alleged circumstances-Enquiry, held, exparte-Fact regarding enquiry itself denied and challenged by accused-Copy of enquiry report specifically demanded by accused enabling him to submit proper reply to second show-cause noticeLabour Court in circumstances, held, rightly set-aside consequential dismissal order due to failure of Management to supply copy of enquiry report-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15 (4).