Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal from service--Theft of secret documents--Charge-sheet issued--Inquiry officer appointed by a person not competent in the matter--Order of dismissal of respondent worker was thus issued by said officer who was not authorised to do so-Same person also acted as prosecutor--Record establishing that on account of agitation for cause of workers, management was annoyed with respondent worker and domestic inquiry was not conducted properly, in accordance with requirement of law--Held, findings arrived at as a result of said inquiry could not be re d upon--Order of Labour Court re-instating worker with back benefits was maintained in circumstances. DECISION This is an appeal filed by the appellants Messrs Quality Steel Works Ltd. Karachi, against an impugned order, dated 7-7-1985, passed by the Sind Labour Court No.Il1, Karachi, who had allowed the grievance petition of the resp9ndent under section 25-A, 1.8.0.1969. 2. Brief facts of the case are that the respondent was a permanent workman of the appellant establishment since 1972 and at the relevant time he was working as a foreman in R. M. C. Department wherein one Zulfiqar was the Manager of the Re-rolling Mills. It was also claimed by the respondent that during this employment with the appellant establishment he was twice elected as president of the Collective Bargaining Agent Union and many times as its Treasurer, therefore, he was duty bound to safe-guard the interest of the general workers. As, there was an agreement between the Union and the management regarding some benefits to be given to the workers of all departments of Re-Rolling Mills and as per its term workers of all other departments, such as Galvanising, Bread Bar etc. were getting the benefits from the stoppage of the work due to technical fault in the Mill, but the said Zulfiqar who was the Manager of Re-Rolling Mills had refused to give these benefits to R.M.C. Department where the respondent was himself working. Despite the facts that the workers had so many times submitted applications but, the said Zulfiqar had always refused to hear any of their demands. That…

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