Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)----- -- S. 25-A-Re-instatement-Workman charge-sheeted for theft and having been found guilty of charge dismissed from service-Enquiry found to have been held in accordance with law and findings of enquiry officer based on evidence-Petition for re-instatement dismissed. ORDER This is a petition under section 25-A of the I. R. O., 1969 for the re­instatement of the petitioner, who was employed as departmental Clerk under the respondent and was dismissed from service for the theft of 5 packarites of cigarettes. The contention of the petitioner is that the enquiry was not con­ducted properly and that the petitioner was dismissed because of his Trade Union activities. The petition was contested. It was contended that the petitioner has no cause of action and that Mr. Ziaullah Khan could not represent the petitioner. On merits it was contended that the petitioner was dismissed from service when he was found guilty of misconduct as the result of an independent enquiry in which the petitioner had fully participated. It was contended that the enquiry was conducted in a fair, independent and impartial manner and that the petitioner had at no stage raised any objection regarding the enquiry. The parties were afforded opportunity to produce such evidence as they wished to adduce. The petitioner besides appearing himself produced one Naushad Khan as his witness while the respondent examined Mr. Muhammad Ahmad Khan Yusafi, Personnel Manager of the respondent-Establishment as its witness. Exhibit P. W. 2/1 is the charge-sheet against the petitioner. According to the charge-sheet the petitioner loaded 5 packarites of cigarettes extra on Truck No. PRB-3779 which was loaded for Lahore. This act of the petitioner was noted by the Watchman who informed the Security Officer. Meanwhile the petitioner had managed to have got the Truck out of the Factory premises. The Production Manager alongwith the Security I charge and the said Watchman pursued the truck and brought back to the factory and found that it had 5 extra packarites of cigarettes. The petitioner in his reply, dated 30th April, 1976 denied the charges. As the reply of the…

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