Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-­-- ---S. 25-A--Karachi Port Trust Act (VI of 1886)--Grievance petition-­ Labour Court not debarred from adjudicating cases of Karachi Port Trust Employees under S.25-A, Industrial Relations Ordinance, 1969. 1983 S C M R 769 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition--Dismissal for misconduct after domestic enquiry--Prosecution deliberately not producing material witnesses before Enquiry Officer to establish charge of accepting bribe or illegal gratification against accused workman--Dismissal from service on such charge, held, was illegal and incorrect--Order of re-instatement passed by Labour Court maintained. Wazir Muhammad Qureshi, Labour welfare Inspector for Appellant. Muhammad Akram Shahbaz for Respondent Date of hearing: 12th August, 1986. DECISION This is an appeal filed by Karachi Port Trust, against an impugned order, dated 12-9-1985, passed by the Sind Labour Court No.III. Karachi, who had allowed the grievance petition of the respondent filed by him under section 25-A, 1,R.0., 1969. 2. Briefly stated the facts are that the respondent was employed as watchman in Watch and Ward Department of the appellant organization since 19-5-1971. That on 4-7-1982, a charge-sheet was issued to the respondent wherein the allegation was levelled that he accepted Rs.200 as illegal gratification from the labourers. That he submitted reply to the charge-sheet which was not found satisfactory, therefore, an enquiry was instituted against him. That, as the management was not satisfied with the report of the Enquiry Officer, therefore, on 24-5-1982, another enquiry was held and on 15--6-1982, a report of this enquiry was also submitted. That, again the appellant Management was not satisfied or, the findings of this enquiry, therefore, they held third enquiry on the same charge and that somehow the appellant Establishment had succeeded to get a report of its choice from the Enquiry Officer in utter violation of the law and the principles of natural justice and consequently, the respondent was dismissed from service on the basis of this enquire report. The…

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