Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A-Aggrieved person-Workman dismissed and collecting his dues in full and final settlement of claims in compliance with direc­tions in dismissal order-No longer an aggrieved person-­Grievance petition against dismissal - Not maintainable. Futtehally Chemicals v. Majeed Baig 1973 P L C 297 and 1974 P L C Note 146 at p. 79 rel. (b) Industrial dispute- -- Misconduct -- Quantum of punishment---Workman charged of theft--Charge proved-Determination of quantum of punishment-­Within discretion of employer. (c) Industrial dispute- -- Domestic inquiry-Enquiry Officer-Person in course of official duties seeing report of alleged incident-.Not disqualified to be an Enquiry Officer. Wasiullah Qureshi for Appellant. Muhammad Abdul Ghana for Respondent. Date of hearing : 4th December, 1980. DECISION The appellant, who was employed in the respondent company as a general worker, was dismissed from service with effect from 2nd July, 1979 on the charge of committing theft of a packet containing five cigarettes from the factory of the respondent-Company. The appellant challenged the orders of his dismissal before the learned Labour Court which has dismissed his grievance petition on the grounds, firstly, that it was not maintainable as the appellant had accepted his due in full and final payment and has hence ceased to be an aggrieved worker, and secondly, that the charge of theft has been fully established Against the appellant in a fair and impartial enquiry. Aggrieved by this decision the appellant has come up in appeal to this Tribunal. 2. I have heard Mr. Wasiullah Qureshi, who appeared for the appellant, and Mr. Mahmood Abdul Ghani, who represented the respondent-Company. Mr. Wasiullah Qureshi assailed the impugned decision of the learned Labour Court on the following grounds :- (i) Whether the grievance petition of the appellant was not maintain­able on account of the alleged receipt by him of his dues in full and final settlement ? (ii) Whether the charge of theft has been established against the appellant ? (iii) Whether the domestic enquiry against the appellant was ordered by a competent authority ? (iv) Whether…

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