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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15(4)-­Dismissal for misconduct--Domestic enquiry--Ex parte proceedings-- Charge of theft of employer's property--Charge-sheet by competent authority--Enquiry Officer impartial--Accused deliberately not attending enquiry proceedings--Ex parte proceedings of enquiry justified-- Charge established--Punishment of dismissal from service imposed by competent authority--Accused put to criminal trial as well but charge reportedly not established--Labour Court accepting grievance petition and awarding re-instatement with full back benefits--Order of Labour Court was set aside by Appellate Tribunal dismissing grievance petition and impugned dismissal from service was maintained. Muhammad Humayoon for Appellant. S. Fasahat Hussain Rizvi for Respondents. Date of hearing: 18th August, 1987. DECISION These are two separate appeals filed by Messrs Amin Fabrics Limited, Hyderabad, against a common impugned order, dated 31-7-1985 passed by the Sind Labour Court No.VI, Hyderabad, who had allowed the grievance petitions of the respondents directing their re-instatement in services with full back benefits, under section 25-A I.R.O. 1969. As the facts and circumstances of both the appeals in the impugned order are common and similar, therefore I would also dispose of these two appeals by this single decision. 2. Brief facts of the cases are that both the respondents claimed to be the permanent workmen of the appellants establishment and on 20-7-1983 they were charge-sheeted for having committed theft of an Electric Motor. They claimed that an unlawful and alleged joint enquiry was held ex parte against them without affording any opportunity of defence resulting in their dismissal from service. They further claimed that though report was also made to the police, but the charge could not be established, therefore, they were victimized because of their union activities. Being aggrieved with these, both the appellants filed separate grievance petitions under section 25-A, I.R.O. 1969. 3. The appellants establishment…

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