Law:

Section:

Industrial dispute--- ----Domestic enquiry-Repeated inquiries on same allegations-Not appropriate-More than one inquiry can reasonably be permitted if only a comparatively minor irregularity not causing material prejudice to accused committed by Enquiry Officer or accused him­self contributed to commission of irregularity or allegations are of very serious nature or affect public interest-Enquiry Officer recording statement of accused and cross-examining him before examining prosecution witnesses-Accused given full opportunity to cross-examine every witness-Labour Court coming to conclu­sion that enquiry was not conducted properly. and permitting fresh enquiry by management-Order of Labour Court permitting hold­ing of fresh enquiry, in circumstances, held, quite appropriate-­Industrial Relations Ordinance (XXIII of 1969), Ss. 25.A & 38. Amin Jan v. N. v. De Meyer Zelzate 1980 P L C 294 and Messrs Ulbright (Pakistan) Limited v. Mirza Raees Ahmed 1981 P L C 360 ref. Islamabad Club v. Punjab Labour Court P L D 1980 S C 307 rel. Wasiullah Qureshi for Appellant. Date of hearing : 24th August, 1982. DECISION This appeal is directed against the decision of the learned Sixth Labour Court at Hyderabad, given on 29th July, 1982, on the grievance petition of the appellant workman, challenging his removal from service. In the said decision, the learned Labour Court has taken the view that the enquiry proceedings suffered from an infirmity in that the Enquiry Officer, before examining the witnesses against the appellant, recorded the statement of the appellant and cross-examined him. The learned Labour Court set aside the order of removal from service of the appel­lant but at the same time has given an option to the Railway Administra­tion, the respondents herein, to hold a fresh enquiry against the appel­lant within three months and has made the claim of the appellant to back benefits dependent upon the result of the enquiry. 2. The admitted facts of the case are that in April, 1980, the appellant was posted as Station Master, Bubak Rai Railway Station. In that month an inspection of Bubak Rai Railway Station was held and certain irregularities allegedly committed by…

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