Law:

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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Dismissal on allegation of theft--Charge of theft against respondent-workman not established in domestic inquiry for want of evidence--Impugned order of Labour Court directing reinstatement of respondent-workman found to be well-reasoned and hence maintained--Respondent-workman directed to be re-instated in service with full back benefits--Appeal dismissed. Muhammad Humayoon for Appellant. Makhdoom Ali Khan for Respondent. Date of hearing: 11th May, 1987. DECISION This is an appeal filed by the appellant, Messrs Pakistan State Oil Co. Ltd. Karachi against an impugned order, dated 8-1-1985 passed by the Sind Labour Court No. V, Karachi, who had allowed the grievance petition of the respondent directing his re-instatement in service with full back benefits. 2. Brief facts of the case are that on 19-2-1984, the appellant issued a show-cause notice to the respondent for an alleged misconduct, namely theft of petroleum. As his reply to the charge-sheet was not found satisfactory, therefore, a domestic enquiry was held against him resulting in his dismissal from service on 17-5-1984. Thereafter, the appellant after compliance of the requirements of the law had filed a grievance petition, before the learned Labour Court. 3. The appellant establishment had resisted the petition on the ground that respondent was found guilty of a theft by the enquiry officer in a properly and lawfully held domestic enquiry in which he was given full opportunity to defend himself, therefore, he was given full opportunity to defend himself, therefore he was rightly dismissed from service and so right, guaranteed or secured had accrued to him to maintain his application under section 25-A, I.R.0.1969, which was liable to be dismissed. 4. Both the parties filed their respective affidavits-in-evidence and they were duly cross-examined. Thereafter, the learned Labour Court had allowed the grievance petition of the respondent, hence, this appeal. 5. I have heard Mr. Muhammad Humayoon, the learned Advocate for the appellant establishment and Mr. Makhdoom Ali Khan the learned Counsel on behalf of the respondent and have…

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