Law:

Section:

Industrial dispute--- ---- Dismissal from service---Re-instatement---Employee was dismissed from service on allegation that posters containing abuses 'and dire threats against some of officials of Establishment were pasted on Notice Board of Establishment by a worker on instigation of said employee---Employee was not seen by anybody within factory premises when said posters were pasted on Notice Board---All that had been stated in charge-sheet and in order of dismissal of employee was that worker who had pasted posters had resorted to that vilification compaiogn at the instance of employee---Name of employee found no place any where and nothing was to indicate even faintly that he had any motive for the happening---In absence of any evidence against employee to establish his abetting and instigation in alleged cowardly deed, order of dismissal of employee, was indefensible and could not sustain---Employee was reinstated with back benefits. Ashraf Hussain Rizvi for Appellant. Mirza Abdur Rashid for Respondent. Date of hearing: 30th May 1993. DECISION This appeal calls in question the order of the Labour Court No. IV, Karachi dismissing the petitioner's application under section 25-A of I.R.O., 1969. The circumstances in which it arose in brief are as follows. 2. The petitioner was an employee of the respondents. It is alleged that on the night of the 14th and the 13th of April, 1990 surreptitious posters had been pasted on the Notice Board of the Company by its workman namely Lal Muhammad. As suspicions were aroused against the petitioner also, the two of them were charge-sheeted on 21-4-1990. The charge against the petitioner was only to the extent that he was an abettor and instigator in this cowardly deed. 3. The petitioner had submitted a reply which was found to be un­satisfactory and a domestic enquiry was ordered. 4. Ali Akhtar Zaidi, the Enquiry Officer, had recorded the statements of Major (Rtd.) Tariq Hyder Yaldram, Gul Akhtar Hussain, who was Security Supervisor and Saeedur Rehman, Time Office Clerk and also that of the petitioner. On the basis of the Enquiry Report the petitioner came to be dismissed on 28-7-1990. 5. The petitioner had sent a…

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