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Industrial dispute-- --- Domestic enquiry---Findings based upon no evidence--Perverse-­Consequential penalty order on basis of such findings--Invalid--WAPDA employee demoted to lower grade on charge of making bogus entries--No evidence establishing accused's responsibility for making alleged bogus entry--Demotion order, in circumstances, held, invalid--Labour Appellate Tribunal directing re-promotion with all back benefits--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). Ch. Anwar Ali for Appellant. Khawaja Muhammad Asghar for Respondent. Date of hearing: 13th April, 1978. JUDGMENT This is an appeal against the decision, dated 7-9-1977 of Punjab Labour Court No.3, Ferozewala. 2. Khurshid Ahmad, appellant was employed on 6-12-1961. He was promoted as Senior Clerk in the year 1965. A charge-sheet Exh. R.1, which was received by him on 18-12-1973, was issued to him as under: ---- "That during the month of 4/72 the consumer against Account No.KGL-18 (Sardar Mehboob Hussain, Tubewell Connection, Chuharkana) was issued a bill for Rs.4,542.07 (including previous balance of Rs.4,461.70). After issue of the bill, you afforded a bogus credit of Rs. 3,999 to the consumer by way of making bogus entry in the Sundry Charges and Allowances Register and then posted the same in Col. 17 (Allowances) of the consumer's ledger of 1971-72. You unauthorisedly scored out the entry of Rs. 4,542.07 in Col.19 of the consumer's ledger and substituted it by a forged entry of Rs.542.07. Later on in order to conceal your mischief you torn out the relevant portion of consumer's ledger and also removed and misplaced pages Nos. 83 and 84 of Sundry Charges and Allowances Register." 3. The appellant submitted his reply Exh.R.2, dated 29-1-1974 denying the charges. His reply was found unsatisfactory and so an enquiry was held. He participated in the enquiry and also produced his defence. The Enquiry Officer came to the conclusion that though the entries mentioned above were made independently of him, yet he was bound to ensure that the refund had been duly proved by the Revenue Officer by referring to Exh. P.E, which was maintained by him and from which he prepared monthly…

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