Law:

Section:

Industrial dispute-- --- Dismissal for misconduct--Every exculpatory evidence to be excluded before convicting accused--Accused alleged to have entered excess trolley of sugarcane in Pass Book of a Grower supplying sugarcane to Mills-­Enquiry officer reporting no shortage of sugarcanes-Mere entry in Pass Book not sufficient to show any bad intention to defraud and cause loss to Mills and price of sugarcane was to be paid to grower but no indication that grower claimed payment--Enquiry proceedings not produced before Labour Court--Dismissal order, in circumstances, held, rightly set aside by Labour Court--Held: (i) Before convicting an accused every exculpatory evidence is to be excluded which was not done in present case, (ii) absence of inquiry proceedings raises a presumption that proceedings were not satisfactory and so were withheld from Courts--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 380). Saleem Baig for Appellant. Date of hearing: 16th September, 1985. JUDGMENT The decision, dated 24-7-1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur has been challenged, whereby the respondent was directed to be reinstated in service with back benefits. 2. The allegation against the respondent was that although no sugarcane was supplied by Ghulam Nabi, grower, yet in his pass-book entry of one trolly of sugarcane was made by the respondent and that the date of permit was 2-2-1984 but without getting was shown on 6-2-1984 without getting the period extended. The learned lower Court has set aside the order of dismissal on the ground that the inquiry officer reported that no shortage of sugarcane was found. It has been argued by the learned counsel for the appellant that since the security office detected the fraud and payment was not made to the grower, therefore, there was no…

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