DECISION ' This is an appeal against the order of the Labour Court ordering reinstatement of the respondent on an application made by her under seetion 25-A, I. R.
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2. The respondent was employed as Ayyah in Abbasi Shaheed Hospital, Karachi in 1972. Mahboob, who was a Chowkidar in the same hospital was arrested by C. I. A. Police in a theft case and it was reported that he was residing in the house of the respondent. It was further reported by the police that the respondent was not a lady of good character. Apart from this, her record was not good and there wore adverse reports from neighbours. On the basis of these allegations her services were terminated by a letter dated 6th April, 1976. Aggrieved by this, she served a grievance notice and approached the Labour Court.
3. The termination order was set aside by the Labour Court on the ground that no inquiry was held and the respondent was condemned unheard.
4. Aggrieved by this, the present appeal had been filed.
5. It has been urged before me on behalf of the appellant that the provisions of Industrial Relations Ordinance are not applicable in view of the Rules framed by the Karachi Municipal Corporation which is running the hospital. I cannot accept this contention for the reason that the respondent was serving in the hospital and I have held in another case that hospital is an industry to which the provisions of Industrial Relations Ordinance are applicable.
6. It is an admitted position that the service of the respondent was terminated on the ground of adverse report from the police without any inquiry having been held by the management. Thus the learned Presiding Officer was justified in holding that the dismissal was illegal. She was condemned unheard simply on the basis of the report of police with regard to her character and other allegations made by the neighbours. It was, therefore, necessary to have charge-sheeted her and afforded an opportunity to the respondent to meet the allegations which were of serious nature. It was, however, urged before me that according to the Rules framed by the Municipal Corporation her service could be terminated without any inquiry or notice. This contention cannot be upheld for the simple reason that the Rules framed by the Municipal Corporation cannot override the provisions of I. R.
0. Which make it compulsory to hold an inquiry in case the services are terminated for misconduct or similar allegations.
7. In result I dismiss the appeal. It is, however, open to the management to charge-sheet the respondent and hold an inquiry Into her conduct and take such action as may be deemed fit in accordance with law.