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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15--Industrial Relations Ordinance (XXIII of 1969), S.25-A-­Grievance petition--Dismissal from service on charges of misconduct-­Challenged on ground that Enquiry Officer did not believe statements of witnesses examined by appellant--Grievance notice and petition also barred by time--Held: Labour Court cannot sit in appeal over findings of Enquiry Officer and dismissing authority--Enquiry Officer has believed evidence produced before it, Labour Court cannot say that evidence was not believable. Appellant in person. Saeed-ur-Rehman Farrukh for Respondent. Date of hearing: 1st March, 1982. JUDGMENT This appeal arises from the decision dated 14-11-197 7 passed by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala, whereby the grievance petition of the appellant for his reinstatement was dismissed. 2. On 14-12-1976 the appellant was charge-sheeted on three charges. Charge No.2 was dropped by the Enquiry Officer and by the dismissing authority. Charge No.1 was that the appellant was transferred to Chapral Branch on 9-6-1976 but he refused to receive the order of transfer and did not comply with it. The third charge was that he had failed to perform his duty on account of becoming absent from 10-7-1976 onward. 3. Learned counsel for the appellant has argued that only one witness Sakhi Ahmad was examined by the management at the enquiry to prove that the appellant had refused to receive the charge-sheet, whereas the appellant examined two witnesses but the Enquiry Officer believed the statement of Sakhi Ahmad. He says that the learned lower Court should have believed the statements of the witnesses examined by the appellant before the Enquiry officer and has cited P L D 1978 S. C 207. The Labour Courts cannot sit in appeal over the findings of the Enquiry Officer and the dismissing authority. If the Enquiry Officer has believed the evidence produced before him, the Labour Court cannot say that the evidence was not believable. Of course, if by the evidence the charge does not stand proved or the report is perverse, the Labour Courts can set aside the…

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