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Appeal No. GA‑301 of 1983, decided on 19th March, 1984.
‑‑Ss. 25‑A & 38 (3)‑Scope‑‑‑Grievance petition against dismissal for misconduct‑Domestic enquiry either improper or not at all held Holding of fresh enquiry by employer ‑Discretion of Labour Court‑‑Labour Court ‑can permit fresh enquiry‑Labour Court directing fresh enquiry instead of giving permission, therefore leaving no option to employer‑Order of Labour Court, in circumstances not approved and modified by Appellate Tribunal converting direction into permis sion to hold fresh enquiry.
Abdul Hakim Awan for Appellant.
Muhammad Azam for Respondent.
Date of hearing : 12th March, 1984.
The appeal titled above challenges the decision, dated 4th May, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala to the extent it ordered the respondent to hold fresh enquiry and held that the question of back benefits would depend upon the
result of the enquiry.
2. This is the discretion of the Court to allow the holding of fresh enquiry while issuing direction of reinstatement in case where enquiry is; improper or has not been held. In the present case the learned lower Court' instead of giving permission directed the respondent to hold enquiry, with' the result that there is no option for the respondent not to hold the enquiry. I, accordingly, partly accept the appeal and convert the direction of the learned lower Court into permission to hold fresh enquiry. In case where fresh enquiry is allowed, it is proper to hold that the question of back benefits would depend upon the result of the enquiry. So this direction given by the learned lower Court is just and proper.
A. E. Appeal partly accepted.
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