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Industrial Relations Ordinance (XXIII of 1969)---- -------Ss. 25-A &. 38 (3)-Grievance petition against dismissal for misconduct--Proceedings of domestic enquiry not produced before Labour Court-No oral evidence in support of alleged charge adduced--Charges, in circumstances, held, not established and Court justified in awarding re-instatement with back benefits. Ehsan Elahi Sheikh for Appellant. Date of hearing : 13th February, 1984. JUDGMENT This appeal challenges the correctness of the decision, dated 22nd December, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the respondent was directed to be re-instated in service with back benefits. 2. The respondent is a helper. He was charge-sheeted, on 25th August, 1980 on the allegation of misappropriating Rs. 4,959.85. He did not submit any reply. He was terminated without holding any enquiry. He brought a grievance petition and on the statements of the parties he was directed to be re-instated, giving permission to the appellant to hold enquiry. On 24th March, 1982 he was given fresh charge-sheet including in it the previous allegation of misappropriating Rs. 4,959.85. The new allegations were that he had used derogatory and threatening language against his superiors and that he was asked to improve his sale but instead of doing so, he gave comments in a rude manner. 3. It has been argued by the learned counsel for the appellant that the learned lower Court has issued direction to re-instate the respondent on the ground that the charge-sheet is time-barred. No doubt, the learned lower Court has so remarked, but this is not the only ground on which the…

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