Law:

Section:

Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 55 & 77---Embezzlement or misappropriation of funds of the Labour Union---Respondent/Newly elected President of Labour Union in the establishment, after taking charge of his office, asked the appellants/former union representatives, to hand over the record and books of account lying with them for relevant period, but the appellants were reluctant to hand over the same; it was alleged that despite the direction of Registrar, Trade Unions, appellants had not provided the record to the complainant---Complainant, had further alleged that a huge amount had been embezzled and misappropriated by the appellants being former office bearers of the Union---On filing complaint by the respondent, before the Labour Court, issues were framed, evidence was recorded and Labour Court vide impugned order allowed the complaint---Moot question between the parties was issue regarding misappropriation of Union funds by the appellants/former union representatives---Parties produced witnesses in proof of their respective claims---Witness produced by appellants, had denied the allegations levelled against them by the respondent stating that they had properly maintained the record and filed return to the Registrar, Trade Unions---Said portion of deposition of the witness, was nowhere confronted or denied by the respondent, which amounted admission of the same by the respondent---Said witness, had further deposed that earlier to that inquiry, another inquiry on the same allegation was conducted, wherein matter between the parties was amicably settled---Record showed that it could safely be said that inquiry conducted in the case of the appellants was defective in nature; and findings of the report could not straightaway made out a case of embezzlement or misrepresentation---Issue of embezzlement which was not proved, was wrongly decided by the Trial Court---Material illegalities and regularities were found in the record, which required thorough, impartial inquiry for fixing responsibilities after providing full and fair opportunities to the parties---Impugned passed by the Labour Court, was entirely based on the findings…

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