Law:

Section:

Industrial dispute--- ----Enquiry---Two material witnesses not examined by petitioners/employers before Enquiry Officer---Plea of non-availability of such witnesses not proved on record---Copies of evidence recorded by Labour Court not produced by petitioners/employers in the proceedings---Finding of fact arrived at by Labour Appellate Tribunal could not be gone into in absence of such evidence--­Respondent employee having been dismissed was rightly reinstated by concurrent findings of Courts below. Hamid Hussain for Petitioner. Akram Shahbaz for Respondent No.3. Date of hearing: 28th October, 1991. JUDGMENT MAMOON KAZI, J.---This petition calls in question the decision of the learned Sindh Labour Appellate Tribunal, dated 12-8-1986, dismissing the appeal filed by the petitioner against the respondent. 2. The facts of the case are that, respondent No. 3 had been employed by the petitioner as a watchman in Watch & Ward Department. On 4-7-1982 he was charge-sheeted for misconduct on the allegation that he had accepted Rs.200 as illegal gratifications from the labourers. It may be pointed out that the said respondent had been booked for Special Squad party on 22-11-1981 alongwith two other watchmen. At about 11-30 a.m., 18 labourers were caught in Shed No. 23 without K.P.T. Pass/Token and on an enquiry it was revealed that labour token had not been issued to Jamadar Muhammad Fazil and the said labourer was allowed entry by respondent No. 3 and others after taking illegal gratification of Rs.200 from the labourers. 3. The petitioner then held a preliminary enquiry against the said respondent through one Sub-Inspector Shaikh Sardar who found a prima facie case against the said respondent and others and after holding of a departmental enquiry through Mr. A.Q. Khan, an officer of K.P.T., the respondent was dismissed from service. 4. The respondent filed his grievance petition before the learned Labour Court which was allowed by an order dated 12-9-1985 and the respondent was reinstated in service. 5. Aggrieved by the said order, the petitioner filed appeal before the Learned Labour Appellate Tribunal which was, however, dismissed vide its order dated 12-8-1986 and…

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