DECISION ' The instant appeal is directed against the order of the Sind Labour Court No, V, Karachi, who by his order, dated 7th August, 1983 dismissed the grievance petition filed by the appellant under section 25-A, I. R.
0., 1969.
2. The facts as emerged from the record are that the appellant was working in the Glaxo Laboratories (Pakistan) Ltd., Karachi, since June, 1969, as a workman. In the month of August, 1979, the two workers, namely, Nazeer and Javed requested him to accept to affix posters which were anti-Government. He point blank refused to do so. For two or three days he was pastered to do the affixing of the posters but his refusal annoyed Nazeer and Javed. On the fourth day, Nazeer and Javed stopped him just at the time when all the workers had gone to the Canteen, Nazeer holding a revolver and Javed had a glass of jurious syrup and they insisted that he should take the syrup at pistol point. He drank the syrup. The syrup affected his mental health and he was soon hospitalized.
He could not recover and then he was sent to Seventhdays' Adventist Hospital, Karachi, who had suggested light duty. Mr. Nazeer and Javed threatened him that if he would disclose the secret to any one he would be killed. That, again on 3rd September, 1981, he was assaulted but he was saved by the people. The appellant was between the devil and the deep-sea and he, therefore, on 23rd September, 1981 made an application to the President and Chief Martial Law Administrator of Pakistan at Islamabad. The attested copy is on record and it is at 57 marked 'G'. Whether or not this representation was received by the President of Pakistan, is not known. However, the photostat copy, at page 57 is brought on record. On 18th October, 1981, on the basis of this letter, the copy of which was sent to the Management, they issued a show-cause notice. He was then charge- sheeted and an enquiry was conducted by the Enquiry Officer. The enquiry report which is at page 189-J is perused by me, It carries the para- "Mr. Dildar Ali on page 17 of the enquiry proceedings said that after oath taken by the said prosecution witnesses on Holy Quran he is fully satisfied and did not want to cross-examine the said prosecution witnesses. He categoraically said that due to his mental worries he became victim of misunderstanding and he sorry upon whatever action he has taken. This statement, he gave, on 17th February, 1982, and requested for the time to give his full statement."
' He gave his full statement and promised that he will not take any further action and also pleaded for mercy.
3. Consequently his services were dismissed as a result of the said enquiry.
4. On close analysis of the enquiry against the appellant, Dildar Ali, I find that he fell ill mentally after 1979 in the month of August, and the certificates which he produced about his ailment are dated after the year 1979. The allegation of syrup being administered to him was in the month of August, 1979. He served the Glaxo Laboratories (Pakistan) Ltd., Karachi, in the Tablet Division for a number of years since 1969, and there were no complaints against him. He appears to be a simple Musalman.
He accepted the version of two witnesses, Javed and Nazeer when they took oath on Holy Quran, therefore, Dildar Ali, the appellant, excused them and promised that he will not take any action either before Police or any other Authority. The enquiry held by the Management has not gone deep to find the guilt of Nazeer and Javed and Dildar Ali. Dildar Ali, the appellant cannot concoct such a statement of allegations against Javed and Nazeer unless he was helpless to defend himself from the likely danger of death. He was between deep sea and the devil. He, therefore, made an application to the President of Pakistan. But the enquiry was initiated because the copy of this representation was sent to the Management and the Management thought it wise to hold an enquiry against him. There is no evidence whatsoever that Dildar Ali suffered from mental illness earlier than August, 1979. He forgave Javed and Nazeer because they took oath on Holy Quran and likewise he hoped that the enquiry will be dropped against him. He was a simpleton. The Enquiry Officer ought to have forgiven Dildar All for his implicit it belief that he had on the words of Holy Quran. He committed no misbehaviour or misconduct by making an application to the President of Pakistan allegaing gruesome activities against him by Nazeer, Javed and certain others. The insinuation against the other officers of the Management was not that much for which he is punished.
5. 1 have gone through the impugned order and the certificates of Doctor Saeed and others. The depression that the appellant had suffered was due to the fact, in my opinion, after drinking of injurious syrup. His dismissal of service is improper.
6. In the result, I set aside the order of the Labour Court and reinstate the appellant forthwith with all back benefits. The appeal is, therefore, allowed.