Law:

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Industrial Relations Ordinance (XXIII of 1969)­- Ss. 25-A & 38 (3)-Dismissal for misconduct-Charge of disobedience of order of superior-Proceedings of enquiry indicating that statement of defence witness to the effect work stated to have not been done as per orders of superior was entrusted to him (witness) and had been done by him-Such witness neither cross-examined nor his statement rebutted-Re-instatement with back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal. A. R. Sheikh for Appellant. Abdul Waheed for Respondent Date of hearing : 1Itb June, 1983. JUDGMENT The appeal captioned above arises from the decision, dated 30th, March, 1982 passed 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. Two charge-sheets were given each containing more than one allegation. Enquiries were made separately in respect of the charge-sheets but by one order of dismissal the services of the respondent were put to an end. Exh. R-1, charge-sheet is dated 31st May, 1980. The allegations, according to the charge-sheet Exh. R-I, are that on 26th May, 1980 Mr. Ashfaq Gill, Supervisor, asked the respondent to remove dust from the damaged buckets of DF-2 rotar but the respondent refused saying that the work was below his status. On 27th May, 1980 the respondent again disobeyed the order of Mr. Gill by refusing to sprinkle water on the cemented portion of exhaust fans. Enquiry proceedings relating to the said charge-sheet are Exh. R-6. The prosecution witnesses supported both the charges contained in charge-sheet Exh. R-1. They were not cross-­examined by the respondent although opportunity was given. Ashfaq Gill, Muhammad Khalid and Allah Ditta P. Ws. deposed about the incident, dated 26th May, 1980 whereas Javed Iqbal, Notail Sparton and Ashfaq Gill deposed about the incident, dated 2'7th May, 1980. The respondent examined about the incident dated 26th May, 1980, Muhammad Iqbal, and Muhammad Amin. Regarding the incident dated 27th May, 1980 he examined Muhammad Asghar, Khan Bahadur, Muhammad Javed and Shabbir Hussain. They said that the…

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