Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss.25-A & 38(3)--Removal from service--Domestic inquiry---­Misappropriation Respondent worker specifically explaining his position and procedure being prevalent in appellant department and names of other persons to be examined by him in his defence during domestic enquiry--Witness of appellant department confessing that appellant was not given chance to adduce his defence during inquiry--Held, enquiry was not conducted in accordance with Rules and Provisions of Standing Orders Ordinance and order of removal from service based on said inquiry report could not be sustained--Interference declined with order of Labour Court below whereby appellant department was directed to reinstate worker into service with fifty per cent back benefits. DECISION These are two cross-appeals, one bearing No.SUK-25/86, filed by Pakistan Railways, while the other bearing No.Suk-36/86, filed by Barkatullah Nasir, the Assistant Station Master, against a common and similar impugned order, dated 24-12-1985, passed by the Sind Labour Court No. VII, Sukkur, who had allowed the grievance petition of the worker, namely Barkatullah Nasir, but granted him only 30$ back benefits. The Railway Management has come up in appeal against the re-instatement order while Barkatullah Nasir has filed the present appeal for the grant of full back benefits. I would dispose of both these appeals by this single decision. 2. Brief facts of the case are that Barkatullah Nasir was a permanent employee of Pakistan Railways and at the relevant time, he was placed as Assistant Station Master at Khairpur Railway Station and was placed under suspension on 4-4-1983 on a charge of alleged misappropriation of the cash of the Railway. As his reply to the charge-sheet was not found satisfactory, therefore, neither a departmental enquiry was conducted against him nor an opportunity to defend himself was afforded but on 21-6-1983, he was removed from service. Thereafter, the worker submitted a grievance petition before Labour Court. 3. The appellant always resisted the petition on the ground that as the respondent was working in supervisory category and was drawing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492