Law:

Section:

Industrial dispute---- ---- Domestic enquiry-Duties of Enquiry Officer--Akin to a Judge of a Court-Expected to go by the evidence-Findings not to be based on presumption-Bank employees charged for mis-appropriation­ Facing joint enquiry -Statements of all accused recorded in question-answer form-No witness necessary to prove allegations produced ­No opportunity to cross-examination each other afforded-No opportunity of defence evidence given--Order of Labour Court setting aside consequential penalty of dismissal from service and awarding re-instatement with back benefits, in circumstances, upheld by Appellate Tribunal-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Mian Khurshid Ahmad and Mian Muhammad Yasin for Appellants. M. A. Hamid Awan for Respondent. Date of hearing:17th May, 1983. JUDGMENT This appeal challenges the decision; dated 28th February, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the respondent was directed to be re-instated in service with back benefits. 2. The allegations for which the respondent was charge-sheeted and after holding an enquiry was ultimately dismissed from service were of misappropriation of money. He was a Cashier. 3. Enquiry was not properly made by proving the charges and giving opportunity of cross-examination and for producing defence evidence, to the respondent. Joint enquiry was made and only the statements of all the employees who had been charge-sheeted were recorded, but no opportunity of cross-examination was afforded to any of them. The state­ments were recorded by the enquiry officer in question-answer form, with the result that the respondent and other persons under enquiry had no opportunity to fully disclose their modus operandi. 4. Let us discuss every charge to see if opportunity was given and charges were duly established or not. The finding of the enquiry officer on charge No.1 is that Mr. Ayaz Mahmood had delivered the cash of Rs. 3,995.53 with Cheque No. 503400 and pay-in-slip to the respondent. The respondent did not admit the receipt of the amount and the cheque, and said that payment was received by Aish Muhammad Rana,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492