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Citation: 1970 PLC 38
Court: Industrial Appellate Tribunal
Year: 1969
Decision Date: 1969-04-28
Parties: THE MANAGER, SPENCER & Co. (PAKISTAN) LTD., LAHORE vs WEST PAKISTAN INDUSTRIAL COURT AND ANOTHER
Case cited as 1970 PLC 38
Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title:THE MANAGER, SPENCER & Co. (PAKISTAN) LTD., LAHORE vs WEST PAKISTAN INDUSTRIAL COURT AND ANOTHER Case No.: Appeal No. LHR-297 of 1968 Date of Judgment:1969-04-28 Reported As: 1970 PLC 38 Result: N/A Judgment ORDER This is an appeal against an order of the learned Chairman of the Industrial Court (Northern Zone), Lahore. The impugned order was passed on 30th December 1968, on an application under section 37 of the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the Ordinance), for permission to dismiss the respondent. The facts necessary for the disposal of the appeal are these. 2. The respondent was an employee of the Company. It is said that on 28th April 1968, at about 1-30 p.m. the respondent assaulted and abused another employee Mr. Azhar Ali Abbasi. He was charge- sheeted and an enquiry was held. The Enquiry Officer found the respondent guilty of the charge. The respondent was an office-bearer of the Trade Union and as an industrial dispute was pending, permission of the Court to dismiss tire respondent had to be taken. The learned Industrial Court came to the conclusion that the respondent was not given an opportunity to examine his defence witnesses. 3. Mr. Mahmud Zaman, the learned Advocate for the appellants, contended that in the circumstances of the present case the respondent cannot be said to have been deprived of the opportunity to examine his defence witnesses. The…
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