Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Stoppage of increment--Respondent employee while working as Luggage Guard on train in appellant Railways allegedly allowed fruit baskets of certain merchants to be loaded in train but on their refusal to give him illegal gratification got baskets unloaded and thus caused delay in departure of train by seven minutes--Perusal of contents of charge-sheet showing that only train was delayed and there was no specific charge of either demanding illegal gratification or compelling fruit merchants to give same--Finding of enquiry officer against respondent employee were quite beyond scope of charge-sheet and not sustainable--Respondent was issued charge-sheet after holding alleged domestic inquiry and it could not be said that enquiry was fair or respondent was found guilty of alleged misconduct--Enquiry Officer was also not examined by appellant railways before Labour Court and therefore evidence of other witnesses was also rendered unreliable--Held, punishment of withholding of increment of respondent employee was illegal and improper--Orders stopping increment were set aside and order of Labour Court accepting grievance petition of employee was maintained. 1978 P L C 452 and 1981 P L C 860 rel. Ch. Rasheed Ahmad for Appellant. Ali Amjad for Respondent. Date of hearing: 4th May, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 20-10-1984, passed by the Sind Labour Court No.111 Karachi, who had allowed the petition of the respondent. 2. Brief facts of the case are that the respondent was a permanent employee of the appellant Railways and on 15-5-1981 he was posted as Luggage Guard of 7-Up Tezgam train from Karachi to Rohri. That when the said train halted at Hyderabad, the respondent was compelled by the Assistant Station Master to open the Luggage van and allowed baskets of fruit to be loaded, though there was no room in the Van. However, the loading was done in a haphazard manner by damping the baskets over and above the already stocked packages in a manner that they were not countable or Checkable. It was claimed by the respondent that he refused to have…

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