Law:

Section:

Industrial dispute- --Domestic enquiry-Cross-examination of witnesses-Complainant as representative of management cross-examining defence wit­nesses-Not a fatal defect-Labour Court accepting grievance petition and awarding re-instatement only on grounds that com­plainant cross-examined defence witnesses-Order of Labour Court, in circumstances, set aside and case remanded by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). 1982 P L C 1055 ref. M. S. 8okhar, for Appellant. Nemo for Respondent. Date of hearing : 9th August, 1983. JUDGMENT The above-captioned appeal arises from the decision dated 16th December, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur. whereby the respondent was directed to e reinstated in service without back benefits. The respondent absented himself so has been proceeded ex parte. , 2. The respondent was a mechanical cooli in the appellant mills and was elected as member of the working committee of the Union. On allegation of instigating his co-workers to go on a strike, he was charge-­sheeted and after holding an enquiry was dismissed from service. The only ground on which the learned lower Court has directed the reinstate­ment of the respondent is that the Enquiry Officer allowed the complainant to cross-examine the defence witnesses. Reliance has been placed upon 1982 P L C 1055. Firstly, in the said ruling only passing remarks were made that the complainant had…

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