Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --S. 38 (3)-Appellate jurisdiction of Labour Appellate Tribunal sitting in appeal over of Labour Court can reverse every finding of fact arrived at by Labour Court and also can disagree with it on every question of law Cannot, however, pass a verdict on conjectural grounds-Workman dismissed from service on charge of loss of employer's property during his duty Labour Court finding that findings of enquiry were only conjectural awarded re-instatement-No direct evidence to show that accused workman had a hand in disappearance of article alleged to have been missing though found subsequently-Labour Appellate Tribunal observing that possibility of workman being responsible for disappearance of article could not be excluded and thus setting aside order of Labour' Court-Observations of Labour Appellate Tribunal indicative that guilt of workman bad not been established and possibility of his innocence could not be excluded-Order of Labour Appellate Tribunal, it, circumstances, declared by High Court as without lawful authority and of no legal effect-Writ jurisdiction-Constitution of Pakistan (1973), Art. 199. A & B Rafiq Ahmad Sabir for Petitioner. Nemo for Respondents. Date of hearing : 8th June, 1977. JUDGMENT The petitioner was a Chowkidar employed by the Government Transport Service, Lyallpur. On the allegation that a certain com-­pressure pump was lost from a depot of the Government Transport Service, Lyallpur, while the petitioner was on duty as a Chowkidar, he was charge-sheeted and dismissed after due inquiry into the allegation. The inquiry officer found him responsible for the loss, although the pump was later found and restored. However, on an application moved by the petitioner under section 25-A of the Industrial Relations Ordinance, the learned Ln0our Court concerned directed his reinstatement with back benefits. The view of the learned Labour Court was that the finding of the inquiry officer was only conjectural. However, on appeal by the District Manager, Government Transport Service, Lyallpur, the learned Appellate Tribunal reversed the learned Labour Court's order and dismissed the application filed…

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