Law:

Section:

(a) Industrial dispute-- --- Dismissal for misconduct--Second enquiry--Competent authority not agreeing with Enquiry Officer directing second enquiry--Not a sufficient ground for setting aside dismissal order. (b) Industrial dispute-- --- Domestic enquiry--Ex parte proceedings--Enquiry Officer without satisfying himself that accused served with notice of enquiry proceeding ex parte--Ex parte enquiry in circumstances, held, not justified and such flaw sufficient to vitiate enquiry and its result. Nasim Sikandar for Appellant. Abdul Rashid Randhawa for Respondent. Date of hearing: 21st October, 1985. JUDGMENT The two appeals captioned above arise from the decision, dated 8-7-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby Muhammad Javed (hereinafter to be called "the respondent") was directed to be re-instated in service without back benefits. The Faisalabad Development Authority (hereinafter described as "the appellant") has challenged the direction of re-instatement, whereas the respondent has, in his appeal claimed back benefits. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The allegation against the respondent was that he had approved a building plan of shop in residential area. Inquiry was made twice. The first Inquiry Officer found the respondent guilty but suggested stopping of increment for two years. The employer did not agree and appointed another Inquiry…

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