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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct of assault on co- worker--Contention that besides compromise amongst workers involved in incident, findings of enquiry were biased--Labour Court in highly well reasoned order accepting grievance petition and awarding re-instatement with full back benefits--Appellate Tribunal, maintained order of Labour Court. 1987 P L C 23 & 25 and P L D 1981 S C 225 at page 234 held not applicable. 1980 P L C 1089 rel. M.A.Khan for Appellant. Ali Amjad and Faiz Ghanghro for Respondents. Date of hearing: 29th September, 1987. DECISION These are two separate appeals filed by the appellant management namely, Messers Parke Davis & Company Limited, Karachi, against a common impugned order, dated 16-5-1987, passed by the Sind Labour Court No.III, Karachi, who had allowed the grievance petitions of the respondent workers directing their re-instatement in service with full back benefits, under section 25-A, I.R.O. 1969. As the facts and circumstances of both these appeals are common and similar, therefore, I would also dispose of both these appeals by this common decision. 2. Brief facts of the case are that both the respondent workers claimed to be permanently employed in the appellant management as Packer/Machine Operator and that on 8-9-1985, both of them were charge-sheeted for an alleged misconduct that on 3-9-1985 at about 10.10 A.M. they fought with one Miss Agha Nusrat, a co-worker and used abusive language against her and that respondent, Miss Shamim Shafiq had also slapped Miss Agha Nusrat on her face thereby causing injury on her left chick. The respondent workers further claimed that they had not only disputed the allegations, but, they had also submitted a compromise application to the appellant management alongwith their respective explanation to the charge-sheets and that as it was found un-satisfactory, therefore, a domestic enquiry was ordered against them resulting in their dismissals from service, vide letter, dated 15-12-1985. Further, the case of the respondent workers was that keeping in view the evidence brought even before the…

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