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Appeals Nos. KAR-192 and 204 of 1983, decided the 4th ,August, 1983.

-- Ss. 25-A & 38 (3)-Scrutiny and appreciation of evidence on re cord-Primarily function of Labour Court-Labour Court allowing petition for re-instatement and denying back benefits without assign ing reasons and without scrutiny and appreciating evidence-Order of Labour Court, in circumstances, set aside and case remanded by Appellate Tribunal to Labour Court for re-decision after examina tion and scrutiny of evidence in accordance with established princi ples of law and also to examine legal pleas raised by parties in plead ings already filed.

S. S. Jehangir for the Management.

KhadIM Hussain for the Workman.

Date of hearing : 4th August, 1983.

While hearing the connected Appeals Nos, KAR-192 of 1983 and 204 of 1983, former filed by the Management and the latter by the workman, I find that the learned Labour Court while allowing application under section 25-A, I. R. O. of the workman for re-instatement and denying him back benefits has not assigned any reasons for the conclusions arrived at. -pie. learned Labour Court has simply said that on going through the state ments of Muhammad Fareed Khan, Ali Haider and Muhammad Anwar examined by the Enquiry Officer during the course of the domestic enquiry, it was clearly indicated that the charge of theft of twelve breads was not estiablished against the workman and, therefore, he allowed his application for re-instatement, and denied him the back benefits without assigning any reasons. Beyond what has been stated by me above, the learned Labour court has not laboured to scrutinise and appreciate the evidence whatever was availablc on the record, which in fact was primarily the function of that Court during the proceedings before it. In the circumstances both the learned Advocates appearing on behalf of the parties agree, that it is a h: case which should be remanded to the learned Labour Court to examine arid scrutinize the evidence adduced by the parties in accordance with the established principles of law and also to examine the legal pleas raised by the parties in the light of the pleadings already filed by them and then dispose of the case according to law. 1, accordingly, set aside the impugned order, dated 9th June, 1983 passed by the learned Labour Court ands remand the case to it with the above directions. These two appeals are disposed of accordingly.

A.E. Appeals disposed of.

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