Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Termination---Reinstatement of---Employee had challenged his determination from service by filing grievance petition against employers ­Grievance petition was resisted by employers alleging that petition was malicious as employee of his own free will and accord, had resigned from job---Handwriting Expert had categorically stated that signatures on alleged resignation application were not in agreement with specimen and other signatures of employee---Witness produced even by employers had conceded in his cross-examination that employee neither had tendered resignation nor had signed in his presence---Version of employer that it was employee who had tendered resignation of his own free will, had stood demolished as circumstances had belied same---Trial Court, in circumstances, had rightly reinstated employee. Nisar Ahmed Siddiqui and another v. Hostelleries D France, Karachi 1987 PLC 178 ref. Mrs. Majida Rizvi for Appellant. Respondent in person. Date of hearing:22nd October, 1992, DECISION This appeal from the order of the Labour Court ordering reinstatement of the respondent under section 25-A in short arises in the following circumstances:-- The case as put forward by the petitioner was that the respondents had terminated the services of 100 workers in September 1988 and the rest were axed out on 1-10-1988. 2. The respondents in their Written Reply apart from some legal contentions raised, which were neither pressed before the Labour Court nor here, asserted that the application was malicious, as the petitioner of his own free will and accord, had resigned from his job on 18-7-1988. 3. The petitioner examined himself and the respondents examined their Factory Manager Shahid Jaffri, Muhammad Imtiaz Ahmad, Muhammad Shamim, Abdul Razzak, Mr. Mouladad the Handwriting Expert and Abdul Rauf Finger Print Expert. 4. The resignation is alleged to have been tendered on 18-7-1988. It has been admitted by Shahid Jaffri that the respondent did not attend the Factory from 11-7-1988 to 18-7-1988 and Imtiaz Ahmed candidly conceded that he was on leave from 11-7-1988 to 10-8-1988. The two attesting witnesses namely…

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