Law:

Section:

Industrial dispute--- ---- Termination of service---Reinstatement---Services of employee were terminated on allegation that he while serving as driver in the establishment was found by Customs Staff smuggling contraband articles concealed in seats of bus while performing duty in the bus---Employee had denied commission of offence and had expressed his ignorance of contraband articles in the bus--­Guilt of employee was to be substantiated by prosecution, but it failed--­Neither before Enquiry Officer nor in Trial Court any direct evidence of Customs Officer who allegedly seized banned goods, had been taken---Report of Enquiry Officer had revealed that he relied on proceedings of Customs Authorities, but had not recorded statement of any such officer---Customs Authorities failed to produce alleged seized goods before Trial Court under Customs Act against employee and on that account employee was acquitted of charge---In absence of any confidence inspiring evidence, conclusions of Trial Court that employee could not be held responsible for alleged misconduct, were unexceptionable---Employee was rightly reinstated with back benefits by Trial Court, in circumstances. Muhammad Latif for Appellants. Nisar Ahmad Khan and Abdul Waheed for Respondent. JUDGMENT The learned Presiding Officer, Labour Court, Peshawar accepted the grievance petition filed by the petitioner-respondent under section 25-A of the Industrial Relations Ordinance, through his judgment dated 17-7-1991 and consequently ordered his reinstatement with back benefits and wages. The appellants feel aggrieved of this judgment and have, therefore, lodged the appeal to call in question the correctness of the impugned decision. 2. The relevant facts as contained in the petition under section 25-A of the I.R.O and other documents on record which led to the filing of the appeal are that the petitioner was serving as driver in the establishment of the appellants; that he alongwith the conductor of the bus was served with show ­cause notice on 2-11-1982 under section 3 of the N.-W.F.P. Road Transport Board (Removal of Undesirable Employees) Ordinance, 1965, having been found by the Customs Staff smuggling…

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