Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ---S. 25-A ---- Grievance petition ---- Dismissal from service on charge of misconduct- Person employed in establishment of a daily newspaper found to be in possession of, weekly magazine which was still to be published and circulated and which was employee to smuggle it away--Employee had been working for another magazine and newspaper--Validity of order of dismissal questioned--Mere possession of copy of weekly magazine which was still to be published and circulated did not constitute misconduct--Attempt to smuggle out copy of same was not proved on record--No evidence was produced to prove that employee was working for other similar establishments--Charge of misconduct, was not established against employee in circumstances. (b) Industrial dispute----- --- Misconduct--Dismissal Two more witnesses on behalf of employer examined after close employee's evidence without affording him opportunity to produce his defence against such evidence--Effect--Procedure adopted by Enquiry Officer by allowing additional evidence to be produced by employer and not affording opportunity to employee to rebut the same was flagrant disregard of legal requirement--Order of dismissal of employee on basis of such evidence, held, was not sustainable and had been rightly set aside by Labour Court. PLD1959SC31;PLD1962SC60; 1978LSLR7andPLD 1962 (W.P.) Lah. 172 ref. Asadullah Siddiqui for Appellants. Malik Muhammad Asghar for Respondent. Date of hearing: 22nd March, 1988. JUDGMENT This is an appeal directed against the decision dated 5-7-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, directing the reinstatement of the respondent in service with back benefits. 2. The allegation made against the respondent, for which he was dismissed from service, was that he on 3-10-1984 was in possession of a copy of Jumnn Magazine which was still to be published and circulated on 5-10-1984 and before that no employee could either acquire or keep the said magazine and that he had supplied the said copy to Mr. Sattar Masih, a part time sweeper, who was caught by the Security Staff while trying to smuggle it away and…

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