Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15 (4)---Dismissal from service--­Misappropriation---Respondent, a Bank employee was charged for having committed misappropriation of amount recovered as T.V. Licence fees--­Respondent was found guilty in domestic inquiry on charges levelled against him and after show-cause notice he was dismissed from service---Respondent's grievance petition was, however, accepted by Labour Court and he was reinstated in service with full back benefits, by an ex parte after appellant failed to appear even after two adjourments---Respondent allegedly used to perform work which involved duties of clerical and manual nature--­Charge-sheet not showing when misappropriation came to knowledge of appellant---Respondent was charged for having misappropriated amount but Inquiry Officer found him guilty of two charges i.e. misappropriation and insubordination thus, Inquiry Officer taking extraneous matter into consideration while arriving at conclusion that respondent was guilty of what he was not charged---This had naturally prejudiced Authority who passed dismissal order after undue long delay---Order of reinstatement was upheld. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Preamble---Labour. Laws are welfare Laws enacted for benefit of labour. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Worker---Designation of employee was not determining factor with regard to his status but the nature of work that he performed would determine his status as a workman. Hakim Ali Siddiqui for Appellants. Bashir Awan for Respondent. Date of hearing: 11th March, 1991 DECISION This is an appeal against the order, dated 5-3-1990, passed by learned Presiding Officer, Sindh Labour Court No.VI at Hyderabad, whereby grievance petition of the respondent was allowed and he was ordered to be reinstated with full back benefits. 2. I have heard Mr. Hakim Ali Siddiqui, learned Advocate for the appellants and Mr. Bashir Awan, learned counsel for the respondent and have also gone through the record and proceedings of…

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