Law:

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Industrial dispute- ---- Dismissal from service---Employee was dismissed from service on charge that he had scribbled on wall of employer's factory some anti-social and anti-­management slogans---None of witnesses produced in support of allegation, was eye-witness, but had only a derivative version to offer---None of the witnesses had given detail of alleged slogans, even they could not say what actually had been written by the employee---Said employee was removed from service earlier but was reinstated by Tribunal, thus there was no love lost between employee and employer and in circumstances version of employer did not carry any conviction---Charge as set up against employee proved to be make believe and was hardly propped up by any reliable evidence---Fact that employee was found to be guilty at domestic enquiry, would not be enough--­Order dismissing employee from service passed by Trial Court, was set aside in circumstances. Crescent Jute Products Limited, Jaranwala v. Muhammad Yaqoob PLD 1978 SC 27 ref. Mirza Muhammad Kazim and Ashraf Hussain Rizvi for Appellant. Abdus Samad for Respondents. Date of hearing: 14th April, 1992. DECISION The circumstances culminating in this appeal in brief, are as follows:-- 2. It is said that on 24-4-1989 at about the `Iftar' time, the appellant had scribbled on the wall of the respondent factory some anti-social and anti­ management slogans, and though asked by one of the co-workers to desist from such an activity did not care to pay any heed to his words. He was served with a charge-sheet on the 26th April, 1989 and after the receipt of the reply there was a domestic enquiry in which the appellant had participated. 3. On the receipt of enquiry report the appellant was dismissed from service on 18-6-1989. 4. The appellant had sent a grievance notice to the respondent and finding no satisfaction had filed grievance petition before the Labour Court which came to be dismissed, resulting in this appeal. The learned Presiding Officer came to the conclusion that the enquiry had been conducted in a fair and proper manner and as what was inscribed by the appellant, was subversive of discipline no exception could be taken to the…

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