Law:

Section:

(a) Industrial dispute---- -----Misconduct--Domestic enquiry-Appreciation of evidence-Sole function of Inquiry Officer--Labour Court cannot enter into apprecia­tion of evidence produced before Inquiry Officer-Discrepancies in defence of complainant-Can hardly be a ground for giving jurisdic­tion to labour Court to interfere with view taken by Inquiry Officer. (b) Industrial dispute---- -- Misconduct-Dismissal-Accusation levelled against workman fully supported by evidence of complainant-Order of Labour Court directing re-instatement of workman set aside-Industrial Relations Ordinance (XXI I I of 1 49), S. 25-A. Ghulam Hasan for Appellant. Wasiullah Qureshi for Respondent. Date of heating: 9th June 1977. DECISION This appeal has been filed against the order of the Labour Court ordering re-instatement of the respondent on an application made under section 25-A, I. R. O. 2. The respondent was in the permanent employment of the appellant. On account of some misconduct he was charge-sheeted and an inquiry was held. He was found guilty and after the service of second show-cause notice he was dismissed from service. Aggrieved by this, he approached the Labour Court after service of the grievance notice under section 25-A, I. R. O. 3. The application was resisted and it was pleaded that the respondent was guilty of misconduct and he was dismissed from service after having found guilty on the basis of the inquiry which was properly held. 4. Evidence was tendered by both the parties. On the assessment of the evidence, although the learned Presiding Officer conceded that proper inquiry was held and the respondent was dismissed from service after having found guilty as well as a second show-cause notice along with the inquiry report was delivered to him, but…

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