Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Grievance petition against dismissal for misconduct--­Settlement between parties during proceedings---Labour Court awarding reinstatement with 50% back benefits---Decision of Labour Court appealed against by both employer and workman---Parties mutually agreeing during arguments before Appellate Tribunal that appeals of both be allowed and worker be paid full back benefits towards full and final settlement of dues and be no longer employee of employer---Tribunal passing orders accordingly. Masood Ahmad Khan for Management. Shafique Qureshi for Worker. Date of hearing: 17th December 1987. DECISION These are two cross-appeals, one filed by the management and the other filed by the worker, against a common impugned order, dated 10-11-1984, passed by the Sindh Labour Court No. IV at Karachi who had allowed the grievance petition of the worker under section 25-A, I.R.O., 1969, directing his reinstatement in service with 50% back benefits. Appeal No. KAR-269 of 1984 is filed by the management against the order of reinstatement with 50% back benefits of the worker while Appeal No. 326 of 1984 is filed by the worker against the order awarding 50% back benefits to him. As, both these appeals are against one and same impugned order, therefore, I would decide both these cross-appeals by this single decision. 2. Briefly stated the facts of the case are that the worker Ziarat Gul was employed in the Weaving Department of the management mills as a Weaver. On 5-6-1981, in an election Gul Ahmed Textile Mills Mazdoor Union was elected as C.B.A. Union and the worker was also elected as its Vice-President, but, the management did not approve his election and was hostile to the rights of the workers and the Union. It was claimed by the worker that the management had threatened all the office-bearers, either to resign from the union or to face dire consequences and under this motive, he was issued fake charge-sheet and thereafter initiated a domestic enquiry in which he had participated wherein he was asked to put his signatures on blank paper to which he refused and in consequence of his refusal, he was…

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