Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) -- S. 25-A-Re-instatement-Punishment of dismissal awarded not on basis of allegations made in charge-sheet but on different grounds ­Order of Labour Court setting aside dismissal of workman not interfered with. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V I of 1968) ----S. O. 15-Misconduct-Domestic enquiry-Inquiry officer finding accused workman guilty of charge on basis of self-exculpatory statements of co-accused--Order of Labour Court setting aside dismissal of accused workman not interfered with in circumstances of case. Abdul Hadi Farid for Appellant. Mirza Mohammad Kazim for Respondent No.-1. Nemo for Respondent No. 2 Date of hearing: 5th October 1977. DECISION These are two appeals against the single order of the Labour Court ordering the re-instatement of the respondents on their applications made under section 25-A, I. R. O. and ordering fresh inquiry against them. 2. The respondents were in the permanent employment of the appellant. They committed some act of misconduct and, therefore, they were charge­ sheeted. An Inquiry Officer was appointed and a joint inquiry against the respondents and six others has held. The respondents were found guilty and, therefore, they were dismissed from service. They served grievance notice and approached the Labour Court. 3. Evidence was tendered by both parties and the applications were allowed ordering re-instatement of the respondents as well as allowing the appellant to hold fresh inquiry. Before an inquiry could be held the appellant filed appeals in this Tribunal and stay was granted. The earlier order of re-instatement was re-called giving fresh cause of action to the respondents who filed fresh applications. Both the applications were allowed by the Labour Court vide order dated 4th March 1977. Appeals were filed against those orders, which were allowed the case was remanded to the Labour Court for decision on some additional grounds, which had been raised before me and had not been dealt with by the Labour Court. It was also ordered that no fresh evidence shall be permitted but the cases would be decided on the basis…

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