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West Pakistan Industrial and Commercial Employment (Standing Orders;) Ordinance (VI of 1968)-- ---S.O.15--Respondent charged with inciting others to go on strike--­Dismissed from service after holding enquiry--Order of dismissal challenged--Enquiry . proceedings found not satisfactory--Statements of witnesses were not signed--Respondent reinstated in service--Back benefits denied by Tribunal. Ali Sibtain Fazli for Appellant. M.A. Hamid Awan for Respondent. Date of hearing: 16th February, 1982. JUDGMENT This appeal arises from the decision dated 31-5-1978 passed by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby the grievance petition of the respondent for his reinstatement was accepted and he was ordered to be reinstated in service with back benefits. 2. The allegation against the respondent, for which he was charge­-sheeted, was that he on 15-7-1978 at about 4-15 p.m. went to the State Bank site where the building of State Bank was being erected and incited the workers working there to stop work and to go on strike. The respondent denied the allegation made in the charge-sheet but his reply was considered unsatisfactory and an enquiry was held which culminated in his dismissal. It is alleged that due to the strike, the company sustained a loss of Rs. 15,000. The respondent told that he was passing by the side of building at about 4-30 p.m. where he saw some workers gathering on the road side. They complained to him that they had not been paid their wages for the last 7-8 weeks, whereupon, he had a conversation with the Management. According to the Presiding Officer of the lower court, two witnesses out of labour class working on the site were examined, who were Mirza Hanif and Mohammad Shafi and that both of them did not support the case of the appellant. Mirza Hanif in cross-examination stated that he had seen the respondent at about 4-30 p.m. at the site and that he said that overtime shall not be given, therefore, work should be stopped. Most probably the cross-examination of Mirza Hanif witness escaped the notice of the learned Presiding Officer. The remaining…

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