Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15---Re-instatement---Worker was dismissed from service as a result of domestic inquiry in which he was found guilty of charge of going to strike and for inciting his co-workers to close work--­Grievance petition of worker was dismissed but on appeal before Labour Appellate Tribunal he was re-instated in service with fifty per cent. back benefits---Employer challenged order of worker's re-instatement---Record, are showed that worker did not find fault with report of Inquiry Officer in the first instance but later on he asserted so---Inquiry Officer had discussed evidence on record and came to conclusion that worker was responsible for the whole affair of strike---Held, Labour Appellate Tribunal proceeded on surmises and conjectures and misread the material evidence on record---Order of re-instatement was set aside. Date of hearing: 27th February, 1991. JUDGMENT The petitioner Messrs Packages Limited through this Constitutional petition has prayed for declaration that order of respondent No.l dated 15-3-1983 is illegal and without jurisdiction. 2. The relevant facts are that respondent No.3 was employed in P.C. Department of the petitioner. He allegedly went on strike and incited his co­workers to close work. He was, accordingly, served with a show-cause notice dated 13-5-1977. Thereafter an inquiry was held and ultimately he was dismissed from service vide order dated 29-6-1977. The respondent No.3 filed a grievance petition before Punjab Labour Court. The same was partially accepted. The result was that the worker was re-instated without back benefits. This order was challenged by the worker through an appeal before respondent No.l but the same was ultimately withdrawn on 13-2-1981. The respondent No.2 set aside the order of dismissal of the respondent No.3 on the ground of want of second show-cause notice, therefore, the petitioner proceeded to serve the respondent No.3 with a second show-cause notice and thereafter repeated the order of dismissal. The respondent No.3 once again challenged this order…

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