Law:

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Industrial dispute-- --Domestic enquiry-Accused a Junior Sales Assistant while search by Martial Law Team at Airport Gate found possessing Travellers cheques in his pocket-Martial Law Team after verifications from Duty Free Shop handing over case to Administration of Duty Free Shops-Domestic enquiry resulting in dismissal from service of accused conducted without supply of copy of basic report of Martial Law Team though same read over during enquiry to accused­-Accused, in circumstances, held, prejudiced in defence-Labour Court awarding reinstatement allowing Administration to hold fresh enquiry-Explanation of accused found plausible-Appellate Tribunal, in circumstances, maintaining order of Labour Court and allowing back benefits also with orders that no further fresh enquiry was necessary-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Associated Electrial Industries (Pakistan) Ltd. Karachi v. Employees' Union P L D 1973 Kar. 167. Mir Muhammad Shaikh for Appellant. M. L. Shahani for Respondent. Date of hearing : 20th March, 1985. DECISION This is an appeal directed against the order of the Sind Labour Court No. IV at Karachi, who had by his order, dated 1st June, 1983, reinstated the respondent with a direction that fresh enquiry be held. 2. The facts narrated in the domestic enquiry and the evidence recorded by the Labour Court are that the respondent, Altaf Hussain Awan was a Junior Sales Assistant, working in the Duty Free Shops Ltd. at Airport, Karachi. On 8th October, 1982, Altaf Hussain Awan was off duty and he was searched by the Martial Law team at the gate of the Airport. Three hundred U.S. Dollars in Travellers cheques were found inside the folder of the partly utilized ticket lying in his pocket and they were secured by the Martial Law authorities. The Martial Law Authorities then checked Duty Free Shop and made clarification from Mrs. Perveen Choudhry and one Rasheed Baloch. The Martial Law authorities handed over the case papers to the Manager Administration Duty Free Shops Ltd., who subsequently held an enquiry in which he was found guilty of commission of theft of the Travellers Cheques and was dismissed from service. The…

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