Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Two employees of establishment being involved in misconduct, punishment meted out to them was different---Respondent's services were terminated while her associate was awarded lesser punishment i.e. with stoppage of one increment---Labour Court in view of disparity of treatment meted out to accused persons, ordered reinstatement of respondent--­Validity---Awarding of punishment being internal matter of employers matter for consideration before Labour Court was simply, whether termination of service was in order---Labour Court found no fault with enquiry proceedings or in narration put forward in Court---With such finding, it was a logical corollary to dismiss grievance application of respondent and not order her reinstatement only on ground that treatment meted out to respondent and other accused for the same misconduct was different---No fault could be found with appellant's action so far as respondent was concerned---Appellants having taken a very fair attitude by terminating respondent's services had saved her from ignominy of dismissal---Course adopted by appellants thus was in accordance with law---Labour Court's finding in ordering reinstatement of respondent was reversed in circumstances. Pakistan Tobacco Co. Ltd. v. Channa Khan and others 1980 PLC 981 rel. Muhammad Humayun for the Appellant. Khalilur Rehman Khan, Representative for Respondent. Date of hearing: 18th February, 1992. DECISION Mrs. Asmat Khan was working as `Telephone Operator' with M/s. Pakistan Herald Publications (Pvt.) Ltd., Karachi, for some ten years. Her services came to be terminated and the order was challenged before the Labour court. She was ordered to be reinstated but the Labour Court in its order, all the same gave a finding that the `Inquiry' held against her was free of any blemish. She has preferred an appeal assailing that finding and M/s. Pakistan Herald Publications Ltd. filed an appeal against the order of her reinstatement. Both these appeals against the same order will be disposed of by this one common order. (In the decision, I will refer to Mrs. Asmat Khan as the `respondent' and Herald Publications as…

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