' This appeal arises from the decision dated 22nd December, 1981 passed by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore, whereby the respondent was directed to be reinstated in service with back benefits.
2. The workers demanded that 24th November, 1977 be allowed to be observed as holiday, but the Management did not agree to it. The respondent alongwith others went on strike. A case was registered which resulted in the conviction and sentence of one year R.I. And five lashes to the respondent. The appellant terminated his services on the ground that he had been sentenced to one year's R.I. For which period the job could not be left vacant. The respondent challenged the order in a petition made under section 25-A of the Industrial Relations Ordinance, 1969 which was accepted and he was re-instated. The appellant challenged the order in a writ petition, which was accepted, order of re-instatement was set aside and a direction was made that the Labour Court should first decide whether the termination was covered by Standing Order 12 or it was clouded with an action taken for misconduct. Before the lower Court R.W. 1 Mr. Zakaullah admitted as correct that the services of the respondent were terminated as he had taken part in the illegal strike. It is the clear that the order of termination was made on account of the misconduct allegedly committed by the respondent by taking part in the illegal strike. This being so, it was necessary to charge-sheet the respondent and to make an enquiry against him affording him opportunity to defend himself. The order of termination, therefore, was not sustainable and was right set aside by the lower Court. There is no force in the appeal, which is dismissed in limine.