DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, RAWALPINDI Versus MUHAMMAD AKRAM

The appeal captioned above challenges the decision dated 5‑10‑1988 recorded by the learned Presiding Officer, Punjab Labour Court Rawalpindi, whereby the respondent was allowed to retire with all consequential benefits.

2. The respondent is a driver and being an office‑bearer of a union conducts labour cases of the workers against the Railways. For this reason he was charge‑sheeted, whereupon he applied for his retirement. The appellant did not retire him and proceeded against him for misconduct, which actuated the respondent to knock the door of the Court.

3. Several objections preliminary as well as on facts were raised in the written statement but the learned lower Court has not answered them. No 1 opportunity was given to any of the parties to produce evidence. For the reasons given above, the impugned order is not maintainable.

4. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for redecision the controversial points after allowing opportunity to both the parties to produce evidence.

A.E./616/Lb.P Case remanded.