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Industrial Relations Ordinance (XXIII of 1969)---- ---Ss.25-A & 38(3)--Railway Servants (Efficiency and Discipline) Rules, 1975, r. 5(3)--Railway servant charged for causing damage to truck by negligent driving--Dismissed from service without defence opportunity-­Labour Court accepting grievance petition awarding re-instatement with full back benefits--Order of Labour Court challenged in appeal without making re-instatement--Non-re-instatement, in circumstances, held, flagrant contravention of law--Fact of alleged damage taken into consideration by Appellate Tribunal hence back benefits from date of impugned dismissal order till date of order of Labour Court reduced to 75%. A.T. Mahmood for Appellant. M. M. Jeelani for Respondent. Date of hearing: 4th November, 1984. ORDER This is an appeal against the impugned order passed by the Sind Labour Court No.V, Karachi, on 6-8-1983, whereby he ordered that the respondent be re-instated with full back benefits. 2. Briefly the facts are that the respondent Shakoorullah Khan was a workman employed as Railway Fire Driver with the appellants establishment. He was charge-sheeted on 7-7-1981 for gross negligence on the grounds that he drove one truck without proper check and consequently, he met with mishap and caused damage to Gear-box. The respondent submitted his explanation and denied the charge of negligence. He was, however, put under suspension. The charge-sheet was issued and in consequence of an ex parte enquiry he was removed from service on 22-8-1981. However, he appealed but he was not replied despite one reminder. On 24-2-1982, he gave notice of grievance which was also not replied, therefore, he filed a grievance application under section 25-A, I.R.O., 1969. The Labour Court decided that the grievance, application was hit by the doctrine of limitation and, therefore, he dismissed the grievance application. However, in the appeal, this Tribunal decided that it was not hit by the doctrine of limitation and the case was remanded to the Labour Court to give decision on merits. 3. The respondent filed his affidavit in evidence and was cross-­examined. So, also the appellants filed affidavits of Abdul Aziz and…

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