ISRARUL HAQ Versus MIDWAY HOUSE, KARACHI

DECISION

The circumstances forming the background of the dispute are as follows:‑‑

The appellant was an employee of the respondent and was charge- sheeted for altercation with a co‑worker and on the completion of the Inquiry was dismissed from service. He had filed a grievance petition which came to be dismissed by the Labour Court, and then preferred an appeal before this Tribunal which came to be allowed, with the direction for his reinstatement in service with 50% back benefits which was to be implemented within one month.

2. The appellant aggrieved by the award of only 50% back benefits had filed a writ petition before the High Court and the matter has been remanded to this Tribunal for the consideration of "the question in regard to the benefit afresh in the light of the judgment of the Supreme Court", namely Muhammad Bashir v. Chairman, Punjab Labour Appellate Tribunal, Lahore and others reported in 1991 Supreme Court Monthly Review page 2087.

3. The stand adopted by the appellant in the grievance petition was that he had been maliciously involved on a trumped up charge, because he was a member of the Works Council and used to be enquiring about the funds, from the management, and as a result had incurred the wrath of the General Manager and the Finance Manager of the respondent establishment.

4. My learned predecessor after examining the salient features of the case had observed that "keeping all the above facts and law in view, the enquiry in this case does not appear to be fair and as such the order of dismissal of the appellant on the basis of such enquiry is not maintainable".

5. After giving careful examination to the salient features of the case and the decision of my learned predecessor I am clearly of the opinion that it cannot be said that the dismissal was called for, or even "partly or wholly on account of the conduct attributable to the appellant". The appellant had stated that he was jobless after the dismissal and looking to the guidelines given in the Supreme Court case referred to above, no fault can be found with his conduct.

6. In the circumstances of the case the appellant will be entitled to full back benefits and the same will be paid to him within one month from today.

H.B.T./2123/Lb.S Appeal accepted‑