Law:

Section:

Industrial dispute- -- Misconduct-Workman alleged to have caused injury to co­worker-Incident occurring outside premises of establishment ­Accused hurling brickbats as a result of a quarrel with his relative not an employee due to enmity and quarrel not connected with business of establishment- Co-worker by chance injured in such brick batting-Act of accused, in circumstances, held, did not amount to misconduct justifying dismissal-Re-instatement without back benefits awarded by Labour Court, in circumstances, upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3) . Naeem Bokhari for Appellant. Malik Muhammad Asghar for Respondent. Date of hearing : 3rd July, 1982. JUDGMENT The above-captioned two appeals arise from the decision, dated 25th January, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition of Muhammad Younas was accepted and he was directed to be re-instated in service without back benefits. Faletti's Hotel has filed appeal against the re-instatement of Muhammad Younas, while Muhammad Younas has filed appeal claiming back benefits. Since both the appeals arise from the same impugned decision, they are being disposed off together through this single judgment, in which Faletti's Hotel will be described as the appellant and Muhammad Younas as the respondent. 2. The respondent was a Dish Washer in the Faletti's Hotel. On 30th September, 1980 a show-cause notice was issued to him on the alle­gation that he had caused injuries to one Muhammad Farooq, Page-boy of the Hotel and that he was in the habit of indulging in acts subversive of discipline. The reply filed by the respondent is Exh. R-t. An accounts executive was appointed as Enquiry Officer who held the respondent guilty of the charges after making enquiry. After serving a second-show cause notice Exh. R-3, the respondent was dismissed from service, vide order Exh. P-2. The respondent after serving grievance notice Exh. R-5, brought the grievance petition. 3. Admittedly the incident took place outside the Hotel near a park. There were differences between the respondent and his maternal uncle…

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