' This is an appeal against the decision, dated 31-8-1977 of Punjab 'Labour Court No.2, Lahore.
2. Mushtaq Ahmad, appellant joined service as a Fitter in Pakistan Railways on 3-3-1962 and subsequently he was made Semi-Skilled Fitter. On 4-6-1975 he was charge-sheeted for misconduct. It was alleged that he had committed a theft of five gallons of tube-oil. He submitted his reply denying the allegations. He was suspended on the same day when he was served with the charge-sheet. Suspension order was withdrawn on 14-1-1976. According to the appellant, no enquiry was held, but according to the respondents, an enquiry was held in which the appellant was found guilty. The enquiry proceedings, however, are not on the record. The appellant was dismissed from service with effect from 4-9-1976 vide letter Exh. R.3 dated 31-8-1976. Against his dismissal the appellant filed an appeal before the competent authority of the Railway Department.
That appeal was dismissed on 5-10-1976 vide Exh. P.3.
3. The appellant on 19-11-1976 filed a petition under section 25-A of Industrial Relations Ordinance, 1969 before the Labour Court, which dLmissed the same on the ground that it was barred by time.
4. Aggrieved by the above decision, Mushtaq Ahmad, appellant has preferred this appeal.
5. From the record it is crystal clear that the departmental appeal filed by the appellant was dismissed on 5-10-1976 and he filed his petition under section 25-A before the Labour Court on 19- 11-4976. A Under these circumstances, the order of the Labour Court is untenable as the petition was filed within two months of 5-10-1976 when his appeal was dismissed by the competent authority.
6. I, accordingly, accept the appeal,' set aside the decision of the Labour Court and remand the case back to it for decision on merits.