Law:

Section:

(a) Industrial dispute- -- Domestic enquiry-Defence witness employee of establishment--Production of such witness for evidence-Responsibility of man­agement. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A (5-A) & 37-Scope-Labour Court another forum in determining grievance afresh after considering facts-Can go into facts of case considered in domestic enquiry-Defence witnesses employees of establishment not produced for evidence before Enquiry Officer-Witness stating in Court that he was not sum­moned-Enquiry Officer while appearing before Labour Court not producing all documents of domestic enquiry including statements of witnesses on which report of enquiry based-Such facts, held, give rise to suggestion that enquiry was neither fair nor proper-­Labour Court in circumstances, held further, rightly reached conclusion that charge was not established-Labour Court ordering re-instatement and leaving back benefits subject to option of fresh enquiry by Management-Appeal in circumstances dismissed by Appellate Tribunal. Crescent Jute Products v. Muhammad Yaqoob P L D 1978 S C 207 rel. Itrat Hameed Puri for Appellant. Mirza Muhammad Kazim for Respondent. Date of hearing : 26th March, 1981. DECISION This appeal by the Management of the Jamia Spinning and Weaving Mills Ltd., is directed against the decision of the learned second Labour Court given on 5th November, 1980, allowing the grievance petition of the respondent workman and directing his reinstatement in service with full back benefits but at the same time giving an option to the Management to institute and hold a fresh enquiry against the respondent based on the original cause of action. 2. The circumstances in which. this appeal has arisen briefly stated, are that there appears to have been a rivalry between the Union of which the respondent was at the relevant time the treasurer, and which Union was the C. B. A. in the appellant establishment, and another Union which had the support of one Farid Shah. It appears that on 6th October, 1977 an incident took place between the respondent and Farid Shah. It is claimed by the respondent that this incident was in consequence of the rivalry…

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