Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) -- Ss. 25-A &t 38 (3)-Grievance petition against dismissal for misconduct-Domestic enquiry record indicating that prosecution witnesses supporting defence plea and charge not proved-Reinstate­ment with back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal. Yasin Sajjid for Appellant. Ch. Sadiq Muhammad Warriach for Respondent, Date of hearing : 19th October, 1982. JUDGMENT In this appeal the decision dated 2nd June, 1980 passed by the learned Presiding Officer, Labour Court No. 6, Rawalpindi has been challenged, whereby the respondent was directed to be re-instated in service with back benefits. The allegation against the respondent was that he had made interpola­tion in the vouchers by increasing the quantity of fluorescent tubes from 50 to 150 and received 150 tubes from the Store. The vounchers were issued by Mr. Muhammad Afzal. The respondent was charge-sheeted and finding his reply as unsatisfactory an enquiry was held against him which culmi­nated in his dismissal from services. The offence of the respondent was that Mr. Afzal, Assistant Engineer had issued voucher for 50 fluorescent tubes with his signatures, but had on telephone asked him to increase the quantity to 150 and receive 150 tubes from the Store. Mr. Afzal asked Mr. Irshad Ahmad, Junior Supervisor also on the telephone to deliver 150 tubes to the respondent. The Enquiry Officer and the dismissing authority did not accept the plea and in evidence of the prosecution witnesses who had supported this plea of the respondent and relying upon the statement of Mr. Afzal who had denied to have authorised to increase the quantity of tubes from 50 to 150, found the respondent guilty of misconduct, Accor­ding to the respondent Mr. Afzal had motive to falsely implicate him by denying to have authorised the respondent on telephone to increase the quantity of tubes in the vouchers. Motive according to the respondent was that he had made a complaint against Mr. Afzal. Irshad Ahmad was very important witness because the vouchers for the supply of tubes was deli­vered to him by the respondent. He did not…

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