Law:

Section:

Industrial dispute--- ---- Removal from service---Reinstatement---Charges on basis of which workman was removed from service was that during duty hours, worker due to his negligence had caused damage to machine on which he was working which caused financial loss to employer---Not only witnesses produced by employer failed to prove charge against worker, but no technical person was examined to prove alleged damage to machine and its cause---Conduct of enquiry against workman as well as overall conduct of employer also did not appear to be above suspicion as employer did not serve charge-sheet upon worker till he gave grievance notice and dismissal order was also not served upon his till he gave grievance notice---Such conduct' of employee showed that he did not come to Court with clean hands and had tried to suppress facts and misguide Court--­Words of worker that he had attended enquiry wherein charges were not framed against him, were more plausible and believable---Dismissal order of worker and enquiry report being not tenable, Labour Court had rightly set aside dismissal order passed by employer against worker in circumstances. Raes M. Mushtaq for Appellant. Rana Mahmood Ali Khan, Representative for Respondent. Date of hearing: 5th May, 1991. DECISION This is an appeal against the order, dated 6-1-1991; passed by the learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad; whereby the grievance petition filed by the respondent was allowed and he was ordered to be reinstated in service with full back benefits. 2. I have heard Mr. Raes M. Mushtaq, learned Advocate for the appellant and Mr. Raja Mahmood Ali Khan, learned Representative for tic respondent and have also gone through the record and proceedings of the case. 3. The brief facts are that admittedly the respondent was employed as a workman with the appellants, when he is alleged to have been orally removed from service on 7-9-1988. He thereupon gave grievance notice to the appellants, which is Annexure `A/1', which is dated 15-9-1988. In reply to the grievance notice, Annexure A /2, the respondent was informed that he had been charge-­sheeted and a copy of the charge-sheet, Annexure A/3…

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