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Industrial Relations Ordinance (XXIII of 1989)--- ---Ss.25-A t 38(3)--Dismissal for misconduct--Enquiry defective-Labour Court setting aside impugned dismissal order and permitting fresh enquiry--Plea that charge-sheet being time-barred fresh enquiry could not be permitted--Such plea raised before Labour Court after close of case by respondent employer and no opportunity to meet same by respondent available--Order of Labour Court permitting fresh enquiry in circumstances, maintained in appeal by Appellate Tribunal with direction that point whether charge-sheet was time-barred shall remain open to be decided in enquiry and petitioner workman shall not be punished if charge-sheet is, held, as time-barred. M.K. Khan for Appellant. Mian Khalid Rashid for Respondent. Date of hearing: 22nd October, 1985. JUDGMENT The decision, dated 20-9-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi has been challenged, whereby the appellant was directed to be reinstated in service but the respondent has been permitted to hold fresh inquiry. 2. It has been argued that it was not necessary to allow fresh inquiry. The argument has not much force. It is the discretion of the Court to allow fresh inquiry. The learned lower Court has expressed the view that charges are very serious and the inquiry already held was defective, so fresh inquiry may be held. It has also been argued that the charge-sheet was time-barred, so fresh inquiry will be futile. The charge-sheet is dated 27-11-1982. From the date of Exh.R-6, however, the charge-sheet seems to be within time but the appellant stated that on 21-10-1982…

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