' This is an appeal against the decision dated 23-8-1976 of Punjab Labour Court No, 3, Lyallpur.
2. Arshad Mahmood, respondent was employed as a Worker in the Crescent Jute Products Ltd., Jaranwala. He was arrested in a criminal case on 2-3-1976 and was released on bail on 6-4-1976.
On 8-3.1976 P. W. Mohammad Idrees, General Secretary of the respondents' Union went to see him in jail and obtained leave application from him. It was mentioned in that application that the respondent be granted leave with effect from 2-3-1976 till his release from jail. That application was sent by the General Secretary of the Union by post to the Management, but no action was taken on it. Exh. P1 is the copy of the said application, and Exh. P-2 is the postal receipt. On 10.3-76 Labour Officer issued , charge-sheet Exh. D-1 against the respondent to the effect that he was absent for 24 days during the year 1975. On 15-3-1976 the Labour Officer issued another charge- sheet Exh. D-4 against the respondent to the effect that he was absent without leave for more than ten days with effect from 3.3-1976 to 15-3-1976. Both the charge-sheets were sent to the respondent at his home address, but no reply was received, because the respondent was in jail.
Thereafter, one Mr. Akbar Abbas was appointed as inquiry officer, who conducted an ex parte inquiry against the respondent and found him guilty. The inquiry report is Exh. D-9, dated 27-3-1976.
No second show-cause notice was sent and the respondent was dismissed from service on 7.4- 1976. On that very day the respondent, after his release from jail, on 6-4-1976 had submitted joining report Exh. P-3, but was not allowed to resume duty. The respondent challenged the order of his dismissal before the Labour Court by way of a petition under section 25-A of Industrial Relations Ordinance, 1969, which was accepted and he was ordered to be re-instated with back benefits ride decision under appeal.
5. Aggrieved by the above decision, Managing Director, Cresent Jute Products Ltd., appellant has preferred this appeal.
4. According to Standing Order 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the workman concerned has to be informed in writing of the alleged misconduct within are month of the date of such misconduct or of the date on which the alleged misconduct comes to the notice of the employer. In the present case the employer had come to know in the early part of January, 1976 that the respondent had been absent without leave for a period of 24 days during the year 1975. Therefore, the charge-sheet, instead of being issued within one month from that date, was issued on 10-3-1976, which is clearly barred by time and as such is of no consequence.
5. From the evidence on record I find that the respondent was arrested in a criminal case on 2.3- 1976 and was released on bail on 6-4-1976. Thus it is clear that when the charge-sheets were sent to him at his home address, he was not present there. Therefore, the ex parte inquiry was in contravention of Standing Order 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 as no opportunity was given to the respondent to explain the circumstances alleged against him and as such the whole of the inquiry proceedings were a farce and of no consequence.
6. I, accordingly, find no merit in this appeal, which is hereby dismissed.