Law:

Section:

(a) Industrial dispute­ -- Domestic enquiry - Allegations not admitted - Penalty without enquiry-Held : Not sustainable and amounts to violation of principle of natural justice. (b) Industrial dispute- --- Disciplinary action - Complainant authority - Not to slit in -Station Master of Railwa3s charged as a result of raid by Divisional Superintendent and Divisional Commercial Officer­ Departmental appeal against order of penalty heard and rejected by same Divisional Commercial Officer-Such Officer held could act as prosecutor or witness but not as Judge-Official, held, materially prejudiced and justified to entertain apprehension of justice having not been done to him. Gulzar Ahmad Alvi for Appellants. Aqa Asaf Jaffary for Respondent. JUDGMENT Atta Muhammad, respondent, was a Relieving Station Master at Pervazwala. On 24-11-1977 while on duty he was checked and it was found that he had not nipped certain tickets with issuing nipper, while some other tickets were not stamped with dates. It was further found that he over­charged 10 paisas on each ticket. As was reported by the passengers. He was charge-sheeted (Exh. P-3) and his explanation to the charge-sheet (Exh. P-4) was found unsatisfactory. Form `C' (Exh. R-4) was issued to the respondent withholding his next increment for two years temporarily from the dates it fell due. The respondent claims to have filed a depart­mental appeal on 13-2-1978 (Exh. P-6) before the Divisional Commercial Officer, Railways, Multan, but without any success. After serving a grievance notice (Exh. P-8) the respondent approached the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. He himself appeared as his own witness before the Labour Court while the Management relied upon certain documents (Exhs. R-1 to R-5). The Labour Court vide impugned decision dated 14-4-1979 accepted the petition and set aside the impugned order. It was further observed that if the respondent had suffered any loss by way of stoppage of increment that should also be made good. The appellant-Railways feeling aggrieved with the impugned decision have filed the present appeal. 2. I have heard at length the counsel for the parties…

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