Law:

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Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 25-A & 38(3)--Grievance petition against dismissal by workman-­Earlier dismissal order set aside by Labour Court and affirmed by Labour Appellate Tribunal with option to employer to hold fresh inquiry on point of recovery of stolen property--Workman dismissed as result of fresh domestic inquiry--Fresh grievance petition--Finding on---Fresh findings, held, could be given by Labour Court on fresh grievance petition--Rejection of grievance petition by Labour Court being valid, Labour Appellate Tribunal declined interference in exercise of appellate jurisdiction. Nizamuddin Baloch for Appellant. Muhammad Aqilfor Respondent. Date of hearing: 12th January, 1986. DECISION This appeal is directed against an order, dated 3-11-1983 passed by the Sind Labour Court No. VII at Sukkur. The Labour Court has dismissed the grievance petition of Moula Bux, the appellant, who was a driver of Pak. Saudi Fertilizers Ltd. 2. The driver, Moula Bux was indicted for theft of Air-conditioner which was stolen on the night between 20th or 21st September, 1981 from Stores Office room of Pak. Saudi Fertilizers Factory. The driver was dismissed in pursuance of domestic enquiry. This dismissal was challenged by the driver before the Labour Court. The Labour Court, however, allowed his grievance petition. The order of the Labour Court was challenged before Sind Labour Appellate Tribunal in Appeal No. SUK-223/82. While dismissing the appeal, this Tribunal gave an option to the management to hold fresh enquiry against the appellant and to record evidence on the point of recovery of the Air-conditioner. The fresh enquiry was held and once again the appellant was dismissed. He filed second grievance, petition before the Labour Court against the fresh dismissal of the appellant. In the fresh grievance petition, the appellant filed his affidavit Exh. 3 and the respondents filed the affidavit of Muhammad Yousuf Zaman, Exh.5. 3. I have heard the learned counsel of both the parties. 4. Several points were aside in issues by the Labour Court but they are mostly irrelevant and the only question which calls for findings in the matter are:…

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