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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(4)---Inquiry---Statement of witness examined by employee that police was present outside enquiry room when enquiry was being conducted against employee, had not specifically been challenged by employer---Enquiry conducted under such circumstances against employee, could not be considered as fair and impartial. Muhammad Humayun for Appellants. M.L. Shahani for Respondent. Date of hearing: 22nd August, 1991. DECISION This is an appeal against the order dated 13-4-1980 passed by the learned Presiding Officer, Sindh Labour Court No. He and I at Karachi, whereby grievance petition of the respondent was allowed was ordered to be reinstated with back benefits. 2. This appeal was first decided by this Tribunal on 17-8-1980, whereby the appeal of the appellant was allowed and the order of the learned Labour Court was set aside on the ground that the respondent being a `Chowkidar' was not a workman. The respondent filed Constitution Petition D-1437 of -1980 which was decided by the learned Division Bench of Sindh High Court at Karachi by order, dated 28-1-1982, whereby order of this Tribunal was set aside and the case was remanded back to this Tribunal for fresh decision after' allowing the parties to produce evidence to prove nature of the duties of the respondent. After remand this Tribunal again by order, dated 29-8-1982, held the respondent not to be a workman and allowed the appeal of the appellants. Against this order the respondent filed Constitution Petition D-909 of 1982 which was decided by the learned Division Bench of Sindh High Court at Karachi vide order, dated 17-1-1985, whereby the respondent was held to be a `workman' and the order of this Tribunal, dated 17-8-1980, was set aside and the appeal was remanded back to this Tribunal for deciding it on merit. The appellants filed Civil Appeal No. 335-K of 1988 in hon'ble Supreme Court of Pakistan. During the pendency of appeal in the hon'ble Supreme Court the proceedings before the Tribunal were stayed The appeal was decided by the Hon'ble Supreme Court vide order, dated 3-7-1991, whereby the appeal of…

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