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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Domestic enquiry--Cross-examination of accused made by Enquiry Officer--Enquiry defective--Punishment, held, could not be awarded on basis of such enquiry report--Labour Court awarding re-instatement with back benefits, setting aside dismissal order passed on basis of such enquiry report--Case, in circumstances, held, was that of remand but Appellate Tribunal, in order to finals case taking view that burdening appellant-employer with back benefits was not proper--Order of Labour Court maintained but back benefits dis-allowed. JUDGMENT The decision dated 22-11-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala, whereby the respondent has been directed to be reinstated in service with back benefits, has been challenged in the appeal titled above. 2. The allegation against the respondent was that he had realised fare from five passengers but did not issue tickets to them. No without ticket passenger was examined at the inquiry nor at the time of checking his statement was recorded 'to the effect that he had paid the fare. However, in report TT-40 it is mentioned that the respondent was confronted with the without ticket passengers and in reply the respondent neither belied this fact nor in any manner gave any explanation. On the basis of the inquiry report the respondent could not b dismissed for the Inquiry Officer cross-examined the…

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