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(3)---Removal from service---Grievance petition---Employee working as Chowkidar was removed from service on allegation that he committed act of sodomy and thereafter absconded front his duty and when he was called upon to explain his conduct, instead of giving explanation he filed grievance petition---Labour Court despite holding that employee was involved in unnatural offence of sodomy and that he absented from his duty without any intimation, reinstated him with back-benefits---Employee was asked to report to employer and face the charges against him, but nothing was heard from him and he neither turned up to report for duty nor he sought his reinstatement---Even after filing appeal by employer against of Labour Court, employee did not appear despite notice was directly served upon him---Labour Court though had given its own reasoning for holding that act of sodomy was not proved against the employee, but no plausible explanation was supplied for avoiding service of notice on him---Decision of Labour Court reinstating employee, could not, be upheld in circumstances. Faisal Ghani for Appellant. Nemo for Respondent. Date of hearing: 17th October, 2001. DECISION This appeal has been filed by Messrs Osmania Lace Mills, WSA-10/12 Federal 'B' Area. Karachi from the decision dated 2-10-2000 of Sindh Labour Court No. l Karachi, whereby the petition of the respondent Mukhtiarullah was allowed with his, reinstatement in service and payment of full back-benefits. 2. The case of the respondent briefly stated was that he was employed as Chowkidar in the Establishment of appellants in 1991. He went to his native place from 5-1-1994 to 31-1-1994. When he returned from his Village he was told by the Manager that some other person had been appointed in his place and he was removed from service. However no written order was given to him nor he was informed about the reasons for termination of his service. As such he was constrained to send grievance notice to the appellants' Establishment through registered post but it…

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