' The decision dated 18th April, 1984 recorded by the learned Presiding whereby the respondent was directed to be reinstated in service with back Officer, Punjab Labour Court No, 8, Bahawalpur has been challenged benefits. On the ground of misconduct the respondent was charge-sheeted and an enquiry was held which culminated in his dismissal. The grievance petition of the respondent was opposed and he produced evidence in support of his case. Before an opportunity could be given to the appellant to produce evidence, the respondent proposed that if Mr. Saleemullah Khan took an oath on the Holy Qur'an that he held enquiry and that the former had not wilfully attended the enquiry, his petition be dismissed. Mr. Saleemullah refused to take the special oath and only on this ground without discussing the merits, the learned lower Court accepted the grievance petition.
No adverse presumption could be drawn from the refusal of Mr. Saleemullah, Enquiry Officer, to take special oath. In these circumstances the learned lower Court should have after giving opportunity to the appellant to rebut the evidence produced by the respondent, decided the case on merits. The inpugned order, therefore, is not sustainable.
2. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded back for decision on merits after affording proper opportunity to the appellant to rebut the evidence produced by the respondent. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.