Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(4)---Dismissal from service---Employee who was dismissed from service was charge-sheeted, but after issuing charge-sheet no enquiry was held despite employee had replied to charge-sheet---Dismissal of employee, in circumstances, was in total violation of S.O. 15 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,' 1968---Charge-sheet was served beyond one month---Order of re-instatement passed by Court was not open to any exception, but as order of dismissal had been set aside on technical ground and it could not be said that employee was entirely blameless, back benefits could not be awarded to him, in circumstances. Muhammad Bashir v. Punjab Labour Appellate Tribunal 1991 SCMR 2087 ref. Abdul Ghaffar A. Memon for Appellants. Shabbir Ahmed Awan for Respondent. Date of hearing: 19th September, 1994. DECISION This appeal calls in question the order of the Labour Court No. VII at Sukkur whereby the petition under section 25-A of the I.R.O. was allowed and the petitioner was reinstated in service with full back benefits. The circumstances in which it arose are as follows:- The petitioner was appointed as a Storeman on 12-2-1974 and in 1986 he was promoted as Storekeeper. In April, 1988 he was suspended and eventually came to be dismissed on 5-12-1990 which, had resulted in the filing of the petition before the Labour Court. 2. The petition was resisted on different grounds including the want of jurisdiction with the Labour Court as it was said that the terms and conditions of service were regulated by the Sindh Civil Servants (Efficiency and Disciplines) Rules, 1973 as adopted by SA.S.O. Otherwise too he was not a workman. 3. The Labour Court overruled these contentions and for the reasons given by it allowed the petition. 4. Mr. Abdul Ghaffar Memon has repeated the contention, in regard to the maintainability of the petition but that is devoid of any force, in view of the judgment in Constitutional Petition No. D-114 of 1994 namely Asghar Ali v. The Sindh Agricultural Supplies Organisation and others which was decided on…

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