' The appeal captioned above has been preferred against the decision dated 26-6-1984 recorded by the learned Presiding Officer, Punjab Labour Court No.8, Bahawalpur, accepting the grievance petition of the respondent with back benefits for his re-instatement in service.
2. The allegation for which the respondent was dismissed from service was that he had attacked and wounded Muhammad Altaf, Junior Manager, with his spade. The only ground on which the learned lower Court has set aside the punishment of dismissal is that oath was not administered to the prosecution witnesses examined in the enquiry. It has been argued by the learned counsel for the appellant citing two rulings of this Tribunal namely 1984 PLC 934 and 1984 PLC 74 and a Supreme Court's ruling PLD 1967 SC 62 that administration of oath to the witnesses examined in the domestic enquiry is not necessary. Learned counsel for the respondent has not been able to cite any ruling in which any finding may have been given to the contrary. Oath is administered in order to raise the value of the evidence but failure to do so is no legal infirmity. If the evidence recorded without oath in domestic enquiry otherwise carries sufficient evidentiary value in view of the circumstances of each case, mere failure to administer oath is not sufficient to hold it ineffective. The learned lower Court has not said that the evidence is not believable. It has been said that the enquiry proceedings are void due to non-administration of oath to the witnesses. In view of the opinion expressed by the Supreme Court in PLD 1967 SC 62 views expressed in other rulings relied upon by learned lower Court have no force. If otherwise the evidence is believable, it can be acted upon. As the case has not been decided on merits, it is liable to be remanded. The learned counsel for the respondent has raised cross-objections but since the case is being remanded, he should press the same before the learned lower Court.
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for decision on merits. , case remanded.