' In the present appeal the decision, dated 7th February, 1982 delivered by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala has been challenged, whereby the grievance petition of the respondent was accepted and the order of his dismissal was set aside. Back benefits were not given for the reason that tile respondent was still holding the post and had not left the charge.
2. The allegation against the respondent was that he had received Rs, 400 as legal gratification for the installation of a meter. On the report Exh. R. 1 of the Director Complaints and Investigation, WAPDA, dated 29th July, 1978 action was taken. The report was lodged in 1978 but the charge-sheet was issued on 21st January, 1979. In the charge-sheet it is not mentioned as to when the misconduct had come to the notice of the employer. Even in evidence it has not been shown that the charge-sheet is within time. The charge-sheet, therefore, was time-barred. The complaint was lodged by Mukhtar Bibi upon which proceedings were started. No enquiry in the presence of the respondent was made as is evidence from the documents brought on the record of the lower Court. No witness was examined in his presence, nor he was afforded opportunity to cross- examine them. No opportunity of defence was given. In these circumstances, the lower Court was justified in setting aside the dismissal order. There is no force in the appeal, which is dismissed in limine.