Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition against dismissal for misconduct--Labour Court after fully examining evidence passing order for re-instatement of petitioner workman but disallowing back benefits and giving option to employer to hold fresh enquiry--Back benefits refused because 3 years period had elapsed--Order of Labour Court being correct and lawful was maintained. Ali Amjad for Respondents. Date of hearing: 22nd January, 1987. DECISION These are six (6) cross appeals, three of them, bearing Nos. Kar-313, 314 and 315, of 1985 were filed by the management of Messrs Metropolitan Steel Corporation Limited, Karachi against the reinstatement orders of the three workmen; while the other three appeals, bearing Nos. Kar-326, 327 and 328 of 1985 were filed by the three workmen, namely, Muhammad Ahmad Qureshi, Abdul Aziz Khan and Akbar Khan against the order not granting back benefits and also giving an option to the management to hold fresh domestic enquiry against them. As the impugned order, dated 22-9-1985 passed by Sind Labour Court IV, Karachi, is the same and one in all these six appeals would, therefore, also decide them by this single decision. 2. Brief facts of these cases were that the above three workmen were permanently employed in the Corporation and were performing different nature of work quite satisfactorily since their appointments. As per claim of the said workmen, they were actively involved in lawful and legitimate trade union activities and were acting only for the cause of the workers of the Corporation, therefore, the management was inimical towards them and was trying to get rid of them by all means, so a false, concocted and fabricated charge-sheet was issued to them; though separately but containing the same and similar charge; dated 19-1-1983. Replies to these charge-sheets were not found satisfactory, therefore, an improper domestic enquiry was held against them and they were ultimately dismissed from their services, vide orders, dated 10-9-1983. Thereafter the workmen filed their grievance petitions before the Labour Court, hence, the impugned order, dated 22-9-1985. 3. The…

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