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Industrial dispute - -- Dismissal for misconduct-Order passed on telephone without application of mind to facts in controversy-Cannot be given judicial recognition-Note written by Enquiry Officer read out to Managing Director while on tour on telephone who reportedly approved issuance of dismissal order-Such older, in circumstances, held, could not be treated to have been passed on coming to judicious conclusion after application of mind to facts and controversies-Impugned order set aside by Labour Court directing Managing Director to give personal hearing to accused workman, to go through file and pass a speaking order showing that he was aware of charge, evidence produced by parties and findings of enquiry and giving his own independent findings-Back benefits, held; would depend upon final order to be passed within two months failing which workman to be deemed to have been re-instated with full back benefits-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. P L D 1980 S C 307;1982PL C 481 ; 1982 P L C 487 ; 1981 PLC 203 and 1982 P L C 949 ref. Ch. Muhammad 1kram for Petitioner. Khalid Mahmood Pasha for Respondent. JUDGMENT Mashooq Ali an employee of the Pioneer Steel Mills was charge­ sheeted for abusing and beating Muhammad Sharif Assistant of Fitter during working .hours; he denied the charge levelled against him by stating that it was Muhammad Sharif Assistant Fitter who abused him and gave fist blows. This reply was considered unsatisfactory and an enquiry was held against the petitioner. The Enquiry Officer found him guilty of the charge levelled against him and the petitioner was dismissed from service on 12th May, 1981. The petitioner served grievance notice upon the respondent and then filed the present petition under section 25-A o£ the Industrial Relations Ordinance challenging legality of the impugned order. 2. It has been contended that the petitioner was not given an oppor­tunity to defend himself; he was victimized for his trade union activities: the dismissal letter was not issued by a competent person because the person who signed the dismissal letter was not the employer. It has further been contended that the Enquiry Officer was the…

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