Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -- S. 25-A-Dismissal after enquiry-Finding of Enquiry Officer based on appreciation of evidence-Such evidence cannot be re-assessed by Labour Court. (b) Industrial dispute- -- Dismissal - Enquiry report and proceedings sent to accused workman along with show-cause notice-Mere fact that enquiry report did not contain reasons coming to conclusion-Cannot affect validity of enquiry report in circumstances of case. M. M. Jinali for Appellant. Samiullah Khan for Respondent Date of hearing: 7th December 1976. DECISION This f s an appeal against the order of the Labour Court dismissing the application made by the appellant under section 25-A, I. R. O. for re­instatement. 2. The appellant was a Driver in the employment of the respondent. He was appointed on 8th February 1972 at Karachi. On 31st May 1975 he was transferred to Hyderabad where he continued to work. He made efforts by approaching the Management to retransfer him to Karachi but his request was not considered. On 24th July 1975 he was charge-sheeted that he had refused to perform his duty since 21st July 1975. He submitted reply to the charge-sheet with the plea that the vehicle, which he was required to drive suffered from serious defects, which were likely to cause accident. His explanation was not found satisfactory and therefore, an Inquiry Officer was appointed, Inquiry was held, on the conclusion of the inquiry the Inquiry Officer found the appellant guilty of the charge. Consequently, the appellant was dismissed from service. 3. The appellant after serving the grievance notice made an application to the Labour Court with the allegation that he was victimized by the Management, as he had made an application to the Chief Minister of Sind and had appeared as a witness in an inquiry held by a co-worker. 4. The evidence waft tendered by both the parties. The Labour Court on the assessment of the evidence found that the appellant was dismissed after due inquiry and the allegation of victimization was nut established. Consequently he dismissed the application. Aggrieved by this, the present appeal had been filed. 5. It was pleaded before me that the…

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