Law:

Section:

Industrial Relations Ordinance (RRIII Of 1969)-- ---Ss.25-A & 38(3)--Domestic enquiry--No prosecution witness examined--Enquiry Officer himself asking incriminating questions from accused--Enquiry, held, was neither proper nor lawful--Enquiry Officer further giving findings on matters not included in charge ­sheet--Dismissal order based upon such enquiry findings, was not sustainable--Order of Labour Court setting aside impugned dismissal order was upheld with 50$ back benefits. . DECISION This is an appeal filed by the appellant Corporation against an order, dated 23-10-1985, passed by the Sind Labour Court No. VII Sukkur, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the respondent was appointed as a peon in the appellant Corporation on 18-10-1978 and then he was promoted as assistant salesman on 1-11-1982. On 29-3-1983, a letter was issued to the respondent alleging a shortage of Rs.23,676 and thereafter on 10-4-1983 a charge-sheet was issued to the respondent. It was claimed by the respondent that though he had submitted a satisfactory reply to the charge-sheet on 15-4-1983, but received a letter dated 7-5-1983 informing him that an enquiry would be held against him on 10-5-1983, which was received by him on the very date at 12.00 Noon, i.e. on the same date when the enquiry was to be held. However, the respondent claimed that he appeared before the enquiry officer and despite the fact that no enquiry was held, the services of the respondent were terminated on 11-6-1983, thereafter the respondent filed an application under section 25-A I. R.0.1969, bearing No.59 of 1983, which was subsequently allowed and the respondent was reinstated in service by the appellant and the payment of the back benefits was made subject to the result of the fresh enquiry by the appellant Corporation, thereby the respondent was reinstated. It is alleged by the respondent that in compliance with the above orders of the learned Labour Court, when on 1-1-1984, he approached the Inquiry Officer, again a proper, lawful and reasonable enquiry was not held, but certain incriminating questions were asked…

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