Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) -- S. 25-A-Inquiry-Inquiry Officer a witness to incident-Inquiry held by such officer, held, contrary to principles of natural justice and hence vitiated. (b) Industrial Relations Ordinance (XXIII of 1969) -- S. 25-A-Inquiry-Copy of complaint- Witness, list of-Copy of complaint and list of witnesses withheld from worker without considering his request for its supply-Action, held, without justification. (c) Industrial Relations Ordinance (XXIII of 1969). - S. 25 A-Inquiry-Evidence of respondent worker recorded before examination of witnesses for Management-Procedure adopted, held, wrong. Safdar Hussain for Appellant Date of hearing: 15th August 1977. DECISION This appeal has been filed against the order of the Labour Court ordering re-instatement of the respondent with full back benefits. 2. The respondent was in the permanent employment of the appellant. There was a strike in the Weaving Department where the respondent was working. It was alleged that the respondent had incited the workers to stage an illegal strike and he also participated in it. He was charge-sheeted. An inquiry was held, he was found guilty and dismissed from service after second show-cause notice. He served a grievance notice and approached the Labour Court. 3. Evidence was tendered by both the parties. On the assessment of the evidence the Labour Court set aside the order of dismissal on three grounds. The first ground taken by him is that the Inquiry Officer was a witness to the incident and, therefore, he could not be appointed as an Inquiry Officer and this had caused prejudice. The second ground was that the respondent was not supplied the copy of complaint and list of witnesses id spite of the request having been made by him. The third ground was that the respondent was examined before any witness on behalf .of the…

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