Law:

Section:

Industrial dispute--- ---- Dismissal from service---Reinstatement---Enquiry report on basis of which employee was dismissed from service was not signed by Enquiry Officer, but was signed and written by somebody else and Enquiry Officer also was not examined---Enquiry report which was produced by General Manager of respondent establishment as annexure 4 written statement was not properly proved as Manager who produced that report was not examined---Examination of Enquiry Officer was very necessary 4 prove that he had signed or written that report and that he had found employee 4 be guilty of alleged misconduct---Order of dismissal passed on such suspicious enquiry report was not sustainable and was liable 4 be set aside---Dismissal order passed by employer against employee which was upheld by Labour Court was set aside and employee was ordered 4 be reinstated. M.M. Kaaim for Appellant. Mehmood A. Ghani, Representative for Respondent. Date of hearing: 24th September, 1991. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No. IV at Karachi dated 7-11-1990 whereby the grievance application filed by the appellant was dismissed. 2. I have heard Mr. M.M. Kazim for the appellant and Mr. Mehmood A. Ghani for the respondent and have also gone through the record and proceedings of the case. 3. The brief facts of the case appear to be, that appellant was admittedly a workman employed by the respondent and was the Vice-President of the CBA Union. It appears, that there was some dispute/misunderstanding about the time of payment of bonus. It is alleged by the respondent that on 6-To-1989 the appellant forcibly entered the office of Tanveer Mehboob, Director of the Respondent Company alongwith Mohammad Riaz and used threatening and abusive language against Mr. Tanveer Mehboob. He was charge-sheeted for said misconduct on 8-To-1989. His explanation was found not satisfactory and therefore Mr. Aftab Yousuf was appointed as an Enquiry Officer to hold domestic enquiry. In the domestic enquiry the appellant was allegedly found guilty and was dismissed vide order dated 8-6-1989. Aggrieved by this order the appellant served grievance…

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