Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­--- --- Ss. 25-A & 37-Grievance petition against dismissal from service-Workman involved in a quarrel and fight with co-worker in factory premises--Both making written complaints against each other through an officer of factory and such officer endorsing the complaints-Both reaching to a compromise but disciplinary action on charge of riotous and disorderly behaviour during working hours taken by Management - No tangible evidence adduced during domestic enquiry supporting alleged misconduct and factory officer endorsing complaints also changing his, version allegedly under pressure of workers union-Punishment awarded mainly on basis of written endorsement of factory officer on initial complaints-Statement or evidence of such witness, held, not reliable and Labour Court, in circumstances, held, rightly reached conculusion that charge not proved Reinstatement awarded by Labour Court upheld by Appellate Tribunal-Petitioner found to be responsible for delayed decision on grievance petition because of some adjournments attributable to him and his conduct in alleged incident also evident-Order of Labour Court allowing full back benefits, in circumstances, altered to that of only 75% of back benefits. Syed Qamaruddin Hassan for Appellants. Ali Amjad for Respondent. Date of hearing : 11th May, 1983. DECISION This appeal is directed against the decision of the learned Second Labour Court, given on 16th January, 1983 allowing the grievance petition of the respondent workman and directing the appellant Corporation to re-instate him in service with full back benefits. 2. The admitted facts of this case are that both the respondent and one Abdul Ali were at the relevant time employed in the appellant Corporation. On 13th December, 1981 some incident took place in the factory of the appellant Corporation involving the respondent and the said Abdul Ali. In respect of that incident both Abdul Ali and the respondent submitted their respective complaints to the Management. On the complaint of Abdul Ali, Iqbal Shakoor, Deputy Manager Incharge of the Plant Engineering inference appellant Corporation made an endorsement, while…

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