' The decision dated 25th January, 1984 passed by the learned Presiding Officer, Punjab Labour Court No, 5, Faisalabad has been challenged, whereby the respondent was directed to be reinstated in service with back ben edits.
2. The allegation for which the respondent was dismissed was that he had used hot words against Muhammad Sharif, Security Inspector. The learned lower Court has not passed a speaking order. It is observed by in Court "this was a case of exchange of hot words with the Security Inspector, so if opportunity of personal hearing had been given, the Manager may have only admonished the respondent." It is not said that the allegation made against the respondent did not amount to misconduct. In case of misconduct the punishing authority has the discretion to prescribe punishment and Labour Courts cannot reduce or impose another kind of penalty. The case, therefore, is liable to be remanded for fresh decision according to law.
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for fresh decision.