Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ---Ss.25-A & 37(3)--Dismissal from service--Re-instatement--Worker dismissed from service, on charges of theft as a result of domestic inquiry--Material irregularities existing in conduct of such inquiry-­Prosecution witnesses were not examined on oath and worker and his witnesses were not cross-examined whose evidence as such remained unquestioned--In Labour Court worker and his witnesses were examined on oath followed by cross-examination which could be fairly read to exonerate him of charges and simultaneously to impute mala fide to management through ill-motive nursed by a watchman against worker-­One person allegedly present at scene of occurrence and likely not to be favourably disposed towards prosecution was not examined by management in domestic inquiry as well as in Labour Court--Employer failed to lead any evidence in justification of orders of dismissal and only exhibited proceedings of domestic inquiry in statement of Inquiry Officer--Held, charges which were criminal in nature not found proved against worker beyond reasonable doubt--Order of Labour Court re­instating worker was maintained in circumstances. 1975 S C M R 46 and P L D 1978 S C 207 ref. (b) Oaths Act (X of 1873)-- ---S. 5--Oath---Examination of witnesses--A Court or a person with authority under law to examine a person as a witness, held, had no option but to examine a witness on oath or solemn affirmation and it was only where a witness was a child and Court was of opinion that he did not understand nature of oath or affirmation that he might record his evidence without oath or affirmation. (c) Oaths Act (X of 1873)- ---S.5--Oath--Examination of witnesses on oath--Evidence recorded without oath, held, could not balance in weight with evidence on oath. N L R 1978 Labour 292 rel. Abdul Latif Yousafzai for Appellant. Abdul Latif Afridi for Respondent. ORDER Instant appeal arises in the background of facts that Shad Muhammad respondent a workman was charged for theft of some two valves weighing about two K.Gs. and 420 grams respectively and brass ring and pieces of brass weighing 370 grams allegedly having been earlier thrown…

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