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Appeal No. LHR‑728 of 1979/Pb., decided on 15th September, 1981.

Industrial dispute‑--

---‑Domestic enquiry‑Person on whose report enquiry initiated though an important witness but not examined before Enquiry Committee- Accused not afforded opportunity of cross‑examination of witnesses produced against him‑Proceedings not signed by any member of Enquiry Committee‑Accused subjected to criminal trial also for same charge and acquitted‑Labour Court in circumstances, held, justified in ordering re‑instatement with back benefits‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 37.

Syed Kamal Mufti for Appellant.

Munawar Ahmad Javed for Respondent.

Date of hearing : 15th September, 1981.

In this appeal the order dated 21‑10‑1979 passed by the learned Punjab Labour Court No. 4, Faisalabad, whereby the respondent was re‑instated with back benefits, has been challenged.

2. The respondent was charge‑sheeted on account of theft. After making an enquiry, he was dismissed from service. The enquiry was started on the report (Exh. R‑1) made by Akhtar Ali, Head Constable. He was very important witness, but was not examined either in the enquiry or before the Labour Court. The respondent was not afforded opportunity to cross‑examine the witnesses produced against him in the enquiry. The enquiry proceedings were defective in that none of the members of the Enquiry Committee signed the proceedings as stated by P.W., who is an employee of the appellants. A criminal case was also registered against the respondent but he was acquitted on 25‑2‑1981. In view of the defects, mentioned above, the lower Court was justified in ordering the re‑instatement of the respondent with back benefits. There is no force in the appeal and the same is dismissed.

Appeal dismissed.

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