Law:

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Industrial Relation Ordinance (XXIII of 1969)­ -- S. 25-A-Dismissal from service-Inquiry-Management stating inquiry to have lasted from 14th to 15th but witnesses examined on 19th-No diary of proceedings maintained and what happened from 14th to 18th not known-Inquiry Officer not examined to explain steps taken by him during inquiry-Inquiry Officer's report showing respon­dents having tried to avoid inquiry, hence, inquiry could not be conducted prior to 19th-Such allegation, however, not supported by evidence of witnesses-Statements of witnesses contradictory, hence, rightly dip believed by lower Court-Held, no inquiry having been held, order of dismissal on basis of such alleged inquiry not tenable. Saedallah Khan for Appellant Nemo for Respondent No. 1 S. M. Kohistani for Respondent No. 2. Date of hearing: 16th August 1977. DECISION These are two appeals against the order of the Labour Court ordering re-instatements of the two respondents, viz. Khurshed Ahmad and Sharfuddin. 2. The respondents were in the permanent employment of the appellant. There was some incident on 12th April, 1077 in respect of some quarrel having been taken place between different workers including the respondents. Since the respondents were considered to be responsible for the quarrel they were charge-sheeted on 13th April, 1977. They were purported to have submitted their replies which were found unsatisfactory and, therefore. Mr. Kabiruddin. Labour Officer was appointed as an Inquiry Officer. The respondents were directed to appear before him on 14th April 1977 at 9-00 a. m. It is the case of, the Management that inquiry was held from 14th April 1977 to 25th April 1977. The evidence of various witnesses was recorded by the Inquiry Officer. On the conclusion of the inquiry, ho found ;he respondents guilty of the charge and made the report on the same date. After second show-cause notice the respondents were dismissed from service, They approached the Labour Court after service of grievance notice, alleging that no inquiry was hold and they were victimised. 3. Evidence was tendered by both the parties. On the assessment of the evidence the learned Presiding Officer came to the…

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