Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii), 37(4) & 38---Appeal---Maintainability---Appeal had been filed by appellant/workman against finding of Labour Court that he was not a workman, but no appeal had been filed against finding of Labour Court whereby Court had decided case on merits against appellant holding that enquiry held against him was proper and legal and that there was no reason to interfere with order of dismissal of appellant---No appeal having been filed by appellant against second finding of Court regarding merits of case, such finding of Labour Court had attained finality and no appeal against such finding was maintainable. Abdul Majeed, Representative for Appellant. Riffat Usmani for Respondent. Date of hearing: 2nd May, 1991. DECISION This appeal was originally filed on 30-3-1989 against the order of the learned Presiding Officer, Sindh Labour Court No. IV at Karachi, dated 2-3-1989 whereby he dismissed the grievance petition of the appellant holding him to be not a workman. As the learned Labour Court had not given any finding on merits of the case, this Tribunal by order dated 13-3-1990 with consent of parties remanded case back to the learned Labour Court No. IV to give decision on merits also. The learned Labour Court decided the case on merits by decision dated 6-10-1990 and sent the R&P back to this Tribunal as the case had been remanded back to the learned Labour Court without any decision in appeal. 2. I have heard Mr. Abdul-Majeed for the appellant and Mr. Riffat Usmani for the respondent and have also gone through the R&P of the case and the two aforementioned orders passed by learned Labour Court. 3. The brief facts of the case are that the appellant was admittedly employee of the respondent who was charge-sheeted on 27-3-1985 for certain acts of misconduct for which regular domestic enquiry was held in which he was found guilty As a consequence thereof he was dismissed from service vide order…

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