TOPS FOODS AND BEVERAGES vs RIZWAN ALI Ss — 2025 PLC 100 ISLAMABAD

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TOPS FOODS AND BEVERAGES VS RIZWAN ALI Ss.33 & 2(xxxiii)---Constitution of Pakistan, Arts. 10-A & 199---Driver---Allegation of misconduct---Proper inquiry---Penalty of dismissal from service---Legal/procedural requirements in disciplinary proceedings undertaken by a private employer---Scope---Principle of natural justice---Due process of law---Plea of the respondent/employee was that after culmination of inquiry he was not issued final show cause notice before passing the penalty order and the said order had been passed by an incompetent authority during the pendency of matter before the NIRC in violation of an injunctive order---Validity---Respondent was served with the charge sheet, afforded the opportunity to present his defense before the inquiry officer and the opportunity to participate in proceedings before the inquiry officer during which proceedings testimonies were recorded and respondent was afforded an opportunity to cross-examine the witnesses, thus, complete opportunity was provided to respondent to defend himself---Neither the Single Bench nor the Full Bench of NIRC had recorded any reasons supporting the finding that principle of natural justice was breached during the course of proceedings---Disciplinary proceedings undertaken by a private employer against an employee could not be confused with trial in a criminal matter and the strict procedural requirements to be followed in a trial or adjudication undertaken by court of law could not be read into requirement of fairness that the law imposed on employers while undertaking disciplinary proceedings against employees---Requirement of issuing a show cause notice after inquiry proceedings undertaken by private employer was a requirement imposed by the Government Servants (Efficiency and Discipline) Rules, 1973, framed under the Civil Servants Act, 1973, which could not be read into the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 or the Industrial Relations Act, 2012---There is no requirement in law that where it is proved that an employee is guilty of misconduct, such employee is to be issued an additional show-cause notice to have such findings confirmed by higher authority of the employer competent to issue a dismissal order, where an inquiry has been fairly conducted and proceedings in the inquiry are detailed enough to enable the employer to reach a conclusion---Neither Art. 10-A of the Constitution nor principles of natural justice impose an obligation on a private employer to issue such show-cause notice and grant personal hearing before issuing a dismissal order---Finding of the NIRC that the dismissal order was not duly authorized by the General Manager was neither supported by the evidence produced before NIRC nor was legally sustainable, as the evidence produced before NIRC established that the General Manager of the petitioner company authorized the Manager (HR) to issue the dismissal order---Dismissal order had been issued prior to the issuance of any injunctive order of NIRC on the basis of an inquiry report that had found that respondent was guilty of misconduct, thus, it could not be held that the dismissal order was liable to be set aside for having been passed while an injunctive order passed by the NIRC was in field---Constitutional petition was allowed, in circumstances.

TOPS FOODS AND BEVERAGES vs RIZWAN ALI Ss — 2025 PLC 100 ISLAMABAD

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