Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- - Ss. 25-A & 47 - Termination of service - Misconduct - Work­ man alleging victimisation for Trade Union activities-No official whose order allegedly disobeyed produced before Junior Labour Court-En­quiry Officer only appeared before Junior Labour Court-Copies of inquiry proceedings and statements of witnesses not produced before Junior Labour Court---Workman alleging victimisation in his written reply-Inquiry held during pendency of industrial dispute-Permission of Court for dismissal not obtained - Appellant (workman), in circumstances, held, harassed for nothing and re-instatement with back benefits awarded. Mirza Nazir Ahmed Naz for Appellant. Rana Sakhawat Ali for Respondent. ORDER This is an appeal under section 36-D of the Industrial Relations Ordinance, 1969, preferred against an order dated 21-5-1974, passed by Raja Muhammad Ashraf Bhatti, learned Presiding Officer, Junior Labour Court No. 2, Lyallpur, on a petition of the appellant, filed under section 25-A of the Industrial Relations Ordinance, 1969, by which order his petition was dismissed. Brief facts rising to this appeal are that the appellant was a Tally Clerk with ;he respondent since 18-8-1970. He was dismissed from service on the charge of misconduct. On his petition under section 25-A of the Industrial Relations Ordinance, 1969, i.e. was re-instated with back benefits on 12-2-1973, for the reason that there was a technical defect in the inquiry. Manage­ment came in appeal with the only prayer that as the appellant was re­instated for a technical defect therefore, he should not be allowed back benefits and in this respect they placed reliance upon 1973 P L C 146, a judg­ment by his Lordship Mr. Jamil Asghar, Punjab Labour…

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