Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Maintainability of--Employees of Post Offices, held, were entitled to maintain petition under S.25-A. 1980 P L C 15 and 1983 P L C 572 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Civil Procedure Code (V of 1908), S.11-­Misconduct--Res judicata, principle of--Workman punished by establishment for alleged misconduct--Order of punishment set aside by Labour Court while allowing workman grievance petition--Order of Labour Court not challenged by establishment in any Court-­Establishment again charge-sheeting workman for the same charges and subsequently punishing him--Action of establishment, held, was barred by principles of res judicata--Impugned order of Labour Court maintained and appeal dismissed. DECISION This is an appeal filed by the appellants against an impugned order, dated 2-1-1984, 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 working as sub-post Master since 1-11-1958 and on 12-12-1977 he was transferred from Pirjo Goth the Head Office at Khairpur and again on 13-9-1979, he was transferred from Khairpur to Ranipur. According to the respondent, he was served with a charge-sheet on 25-3-1979, for an allegation of embezzlement of, an amount of Rs.3,248.70, while he was posted at Khairpur. As per claim of the respondent, he was awarded punishment of reducing his pay two steps for the period of two years, and recovery of the alleged embezzled amount from him, vide letter, dated 30-10-1979. The respondent, after observing the prescribed procedure, filed a grievance petition No.67/1980 before the learned Labour Court No. VII, Sukkur, which was allowed vide order, dated 10-2-1981 and as per claim of the respondent, this order was not challenged /appealed by the appellants establishments. Further, the case of the respondent was that even after the decision of the learned Labour Court on the alleged allegations the respondent was again charge-sheeted vide letter, dated 6-5-1981 and he was directed…

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