Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 37(3)---Charge-sheet---Worker failing to challenge observations of Trial Court about defect in charge-sheet or direction in holding fresh inquiry by way of regular appeal under section 37(3), Industrial Relations Ordinance, within prescribed period of limitation was not allowed to raise said question in appeal before Appellate Tribunal. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 37(3)---Back benefits---Fresh inquiry had been ordered in case--­Direction about back benefits, held, was subject to result in fresh inquiry. JUDGMENT This appeal challenges order dated 19-3-1989 passed by learned Presiding Officer, III Labour Court Balochistan, whereby respondent was reinstated with back benefits from the date of dismissal leaving discretion to appellant for holding fresh enquiry on the basis of show-cause notice already issued to respondent/employee. Mr. Jamil Raja Zaidi, learned counsel for petitioner vehemently urged that grievance petition filed by respondent was inherently defective for want of grievance notice contemplated by section 25-A of Industrial Relations Ordinance, 1969. He further emphasised that Labour Court while allowing option for holding enquiry could not legitimately direct payment of back benefits; reliance in this behalf was placed on the observation of Division Bench judgment of Sindh High Court in case Mahmood Shah v. Dawood Cotton Mills 1982 P L C 365. On the other hand Mr. Ghuncha Gul, learned counsel for respondent attempted to contend that observation pertaining to holding of fresh enquiry was unlawful. He strenuously canvassed that apparently charge-sheet was defective, therefore, departmental proceedings against respondent were devoid of…

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