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Industrial dispute--- ---- Dismissal from service---Reinstatement---Employee was dismissed from service on allegation that due to carelessness and negligence of employee in performing his duty as watchman, Launch on which he was on duty caught fire resulting in loss to property of employer---No eye-witness account at all was available in the matter and in view of grave doubts, guilt could never be driven home against employee on basis of circumstantial evidence---Allegations levelled against employee and on basis of which he was dismissed from service having not been proved, employee was rightly reinstated by Trial Court. M. Aslam Butt for Appellant. Mughees Ahmed Samdani, Representative for Respondent. Date of hearing: 10th May, 1992. DECISION This appeal from the order of the Labour Court No. IV at Karachi, dated 2-5-1991, arises in the following circumstances. 2. The respondent was employed by the appellant as a `Lascar' in 1967. On the night between the 22nd and 23rd November, 1977 he was on duty as a "watchman" on "M.L. Talwar". At about the mid-night, the said launch was engulfed in fire and became almost a total wreck. The respondent was the only person on board the launch at the relevant time. He was served with a charge­sheet on 29-3-1978 "for being careless and negligent in performing duty which resulted in the loss of K.P.T. property (M.L. Talwar)". At the bottom of the charge-sheet there was a `note'.. "Charge of allegation attached" which was not there, and could not have been simply there. The charge-sheet was withdrawn, and the next charge-sheet dated 3-0-1978 did not add much to what had been said earlier; being limited to the following words: "For carelessness and negligence in performance of duty as a result of which fire broke out on the night of 22nd and 23rd November, 1977 on launch M.L. TALWAR" when she was lying at its mooring, causing extensive damage to the launch and financial loss to K.P.T." The respondent submitted explanation but enquiry was ordered which was conducted by the Deputy Chief Engineer, Iqbal Shareef. The latter after examining the witnesses and the respondent submitted the report inter alia with the following…

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