Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against dismissal for misconduct--Evidence relied upon in domestic enquiry in findings of guilt, not produced before Labour Court-­Findings treated as correct. (b) Industrial Relations Ordinance (XXIII of 1969)-. ---S. 25-A--Grievance petition--Employer to be impleaded--Petitioner employee of Municipal Committee--Petition against Municipal Committee--plea that petition against Municipal Committee a corporate body with common Sea was not maintainable, repelled--Held, such plea may be well-founded a regular civil suit but not in Labour cases. JUDGMENT This appeal is directed against the decision dated 16:2-198 assed by the learned Presiding Officer, Punjab Labour Court No 7 Gujranwala, whereby the respondent was directed to be reinstated in service with back benefits. 2. The allegation against the respondent was that he had blocked the culvert of stagnant water by putting in it an envelope full of rubbish. Two witnesses are alleged to have seen the respondent doing so. I have gone through the enquiry file carefully but I have not been able to find the statements of the prosecution witnesses and the defence witnesses. Either the complete enquiry file was not produced by the appellant before the learned lower Court or the evidence of the prosecution and defence witnesses was only orally heard but was not reduced into writing. Since the record of the evidence is not on the enquiry file, it cannot be said whether opportunity of cross-examination was given to the respondent or not. This also cannot be said whether the witnesses actually stated that which the Enquiry Officer has said in his report: 3. Learned counsel for the appellant has argued that the petition was not maintainable as it was given against the…

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