1. ' JUSTICE (Retd.) ALI MUHAMMAD BALOCH, (CHAIRMAN).---Mr. Ashraf Hussain Rizvi, learned counsel for the applicant is present. Mr. Muhammad Sabir, learned counsel for the respondent No,1 is also present. Both the learned counsel addressed the Tribunal on two matters viz: the Revision Application and the Transfer Application and they have amicably come to a conclusion which is made part of order of this Tribunal. This order will dispose of the above two matters, Revision Application bearing No, KAR-107 of 2010 and Transfer Application bearing No, KAR-06 of 2010.
2. The learned counsel for the parties have agreed that the applicant Mushtaq Ahmed be treated having been reinstated, while the earlier orders of the learned Labour Court dated 3-10-2009 and 9-1-2010, may be acted upon, and the domestic enquiry be completed within a period of thirty (30) days from today. As regards the back benefits of the applicant, the question is left open to be decided by the learned Labour Court.
3. ' The employer may appoint an officer to conduct the enquiry and the officer shall not be the previous Enquiry Officer namely Mr. Owais.
4. ' The learned Labour Court will ensure that fees of Mr. A Muhammed Nishat Warsi, learned Advocate to the tune of Rs, 5000 (rupees five thousand) be freshly deposited in the court payable to Mr. Muhammed Nishat Warsi at the end of enquiry report. The respondent No,1 will see that the officer appointed the Enquiry Officer who finishes the enquiry within thirty (30) days from today and submitted the report in learned Labour Court in time. The applicant who is present today is directed to appear for enquiry on 8th April, 2010 in the factory of the respondent No,1 at 3-00 p.m. And on all subsequent dates and time. The "reinstatement of the applicant will be made by the respondent No,1 within three days from today i.e, he can be taken on duty from 1st April, 2010, subject to final orders of the learned Labour Court deciding the case on merits as early as possible.
5. ' This disposes of above mentioned two cases, which are inter locutary matters.