Law:

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(a) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Dismissal--Charge of theft--Nothing was available on record to show that there was any eye-witness or other supporting evidence of alleged theft against appellant--Only a presumption existed which gave a benefit of doubt to employee--Dismissal on charge of theft, held, could not be maintained in circumstances--Employee was directed to be re-instated in service with full back benefits. (b) Industrial Relations Ordinance (RRIII of 1969)-- ---S. 25-A--Grievance petition--Limitation--Condonation of delay-­Grievance petition not presented by employee personally before Labour Court due to his serious illness--Employee produced medical certificate with an application for condonation of delay before Labour Court who rejected same--Tribunal examining doctor who issued medical certificate--Doctor stated that employee was under his treatment and evidence of doctor going unchallenged--Delay condoned and grievance petition was, held, to be in time. S.M. Kohistani for Appellant. Nemo for Respondent. Date of hearing: 28th September, 1986. DECISION This is an appeal filed by the appellant against the impugned order, dated 13-12-1984, passed by the learned Sind Labour Court No. III, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I. R. O. , 1969. 2. The brief facts of the case are that the appellant was a permanent workman of the respondent-establishment since 1-2-1968 and 6-12-1983, one Mr. Niaz Khan, Production Incharge of the respondents detected loss of 106 cartons of soap-cakes missing from the stock. This information was passed on to Mr. Muhammad Ismail, Security Officer, who after ascertaining the fact of theft, reported to Mr. Mohsin Kamal, who subsequently directed to lodge a report with the Police. On 27-1-1983, the Police reached the factory and detained two persons, namely, Najeeb and Murtaza. On an interrogation of these two persons, Police came to know that three persons were involved in the offence including the appellant, Muhammad Younus. Thereafter, the appellant was arrested and it was alleged that the appellant had confessed the guilt before the Police and…

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