Law:

Section:

Industrial Relations Ordinance (XXIII, of 1969)---- ---- Ss. 25-A & 37-Grievance petition against dismissal due to misconduct-Contention that enquiry not held impartially-Em­ployer failing to produce Enquiry Report and enquiry proceedings on file of Labour Court-Labour Court, in circumstances, held, justified in awarding re-instatement to petitioner workman-Re­ instatement being due to technical grounds back benefits dis­allowed. A. R. Sheikh for Appellant. Munawar Ahmad Javed for Respondent. Date of hearing - 24th February, 1982. JUDGMENT This appeal arises from the decision dated 19th July, 1980 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated with back benefits. 2. The facts giving rise to -this appeal are that the respondent was employed as Peon/Chowkidar in Habib Bank Limited, Faisalabad. He was charge-sheeted for remaining absent. An enquiry was held against him, which culminated in his dismissal vide order dated 25th October, 1978. The grounds on which the respondent challenged the order of his dismissal were that an application for the registration of the union was pending, but in spite of it no permission was obtained from the Registrar before dismissing him and that the Enquiry Officer was not impartial in conducting the enquiry against him. On the other hand on behalf of the appellant it was contended that the respondent was not a workman and thus could not invoke the provisions of section 25-A of the Industrial Relations Ordinance, 1969. It was also contended that no grievance notice was served. 3. By the evidence of Mr. Abdur Rashid 'Azhar, Superintendent, Labour Department, it stands proved that the registration certificate issued on 26th June, 1978 was withdrawn by the Registrar on 2nd July, 1978 under the orders of the Additional Civil Judge, Faisalabad and. that since the Additional District and Sessions Judge ordered the maintenance of status quo the union had not yet been registered. The appellant did not produce any evidence -to the effect that the application of the union had either been decided before the…

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