Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---Ss.25-A & 38(3)--Removal from service--Reinstatement--Counsel for appellant establishment failing to submit anything new to what he had already submitted before Labour Court below--Case of respondent worker neither barred by time nor by principles of res judicata--On merits, Labour Court thoroughly discussed every legal aspect and whole evidence brought on record and then passed a well-reasoned order whereby respondent worker was reinstated in service--Order of Labour Court was maintained and worker was ordered to be reinstated into service with fifty per cent back benefits. Sadiq Khan for Appellant. M. L. Shahani for Respondent. Date of hearing: 2nd April, 1987. DECISION This is an appeal filed by Messrs United Bank Limited, against an impugned order, dated 19-11-1985, passed by Sind Labour Court No. VII, Sukkur, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969, by directing his re instatement in service with fifty per-cent back benefits. 2. Briefly stated the facts of the case are that the respondent was a permanent employee of the appellant bank and his duties were primarily and mainly clerical in nature although he was designated as Grade III Officer. On 16-8-1978, the respondent was served with a charge-sheet alleging misconduct and as his reply to the charge-sheet was not satisfactory; therefore, the appellant bank had appointed two enquiry officers. Though, none of the enquiry officers could find the respondent guilty of the alleged misconduct yet, he was removed from employment on 29-8-1979. The respondent claimed that during this long period of about one year from 16-8-1978 till 29-8-1979, he was very unlawfully put under suspension. Thereafter, the respondent had served a grievance notice, dated 18-9r-1979 through his Advocate and thereafter filed grievance petition bearing No.369 of 1979 under section 25-A, I.R.O. 1969, which was allowed by the Labour Court and the appellant bank had impugned this order of the Labour Court before this Tribunal and this Tribunal had allowed the appeal, appellant bank holding that the service of the grievance notice under…

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