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Industrial Relations Ordinance (XXIII of 1969)----- ---S. 38(3)--Appeal--Scope--Grievance petition against dismissal for misconduct--Labour Court holding domestic enquiry not proper without pointing out defects therein and passing order converting penalty of dismissal into that of censure--Order of Labour Court appealed against by employer and workman neither filing appeal nor cross objections-­Appellate Tribunal coming to conclusion that enquiry was defective being without opportunity of defence and such defect sufficient to set aside resultant penalty order--in absence of any appeal or cross objections by workman Appellate Tribunal, held, could pass no order except to dismiss appeal of employer. Ehsan Hyder, Court Clerk of Appellant. Nemo for Respondent. Date of hearing: 1st December, 1984. JUDGMENT The decision, dated 26-11-1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala has been challenged in this appeal, whereby the punishment of dismissal was converted into censure and the learned lower Court warned the respondent. 2. The allegation for which the respondent was dismissed from service after being charge-sheeted and holding enquiry against him was that he had on 24-2-1981 refused to take Bus No. 1685 on route The learned lower Court has held that enquiry was…

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