Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Industrial Relations Ordinance (XXIII of 1969) S. 25-A-Grievance petition-Maintainable for enforcement of right guaranteed by or under law, settlement or award-Re-instate ment not guaranteed-Cannot be claimed-Workman dismissed on account of conviction by criminal Court on charge of misappropri ating money of employer -- Sentenced to a fine of Rs. 50-Re instatement claimed on plea that in similar circumstances workers on conviction fined up to Rs. 50 had been re-instated and that such was an oral agreement-Such agreement, held, cannot be considered as a settlement-Mere re-instatement of some other worker, further held, created no right of re-instatement to be enforced under S.25-A. Date of hearing : 25th March, 1980                                                                                                                                                         ORDER This appeal calls in question the decision given by the learned IIIrd Labour Court on 30th January 1980, dismissing the appellant's grievance petition by which he had challenged the orders of his dismissal from service. The dismissal from service of the appellant was on account of his conviction by a Criminal Court on the charge of committing misappro priation of the monies of the K. T. C., the respondent herein. The appellant was sentenced by the trial Court to pay a fine of Rs. 100 or in default thereof to undergo simple imprisonment for one month, but in appeal the amount of fine was reduced to Rs. 50. The appellant claimed that there was a practice in the respondent establishment to reinstate employees who had been sentenced to pay a fine not exceed ing Rs. 50. In support of his contention, he cited before the Labour Court some instances where allegedly persons who had been fined by the Criminal Courts up to Rs. 50…