DECISION This is an appeal against an order of the learned Chairman of the Second Sind Labour Court, Karachi, dated the 13th of February 1971, whereby he dismissed the application of the collective Bargaining` Agent under section 34, of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The Collective Bargaining Agent had prayed for re-instatement of one Mohammad Yousuf, a Conductor, who was dismissed by the District Manager, on 30th June 1970, for misconduct:
2. The ' short contention of Mr. A. Majeed, the learned Representative for the appellant, is that Mohammed Yousuf, having not been supplied with a copy of the Enquiry officer's Report and having not been heard personally by the District Manager, the order of dismissal was in violation of the principles of natural justice. The contention of the learned Representative for the appellant is based on the affidavit filed by Mohammad Yousuf. Mohammad Yousuf in his affidavit made out to grounds, namely, that the enquiry was not fair and that he was not given personal hearing by the District Manager, who also did not supply a copy of the Enquiry Officer's Report. So fat as the first ground is concerned, no facts are made out in the affidavit of Mohammad Yousuf to conclude that the enquiry was not fair. So far as the second ground is concerned that has not been challenged by the Management. In the View of the matter, the appeal must be allowed. The District Manager must hear Mohammad Yousuf personally and supply a copy of the Enquiry Officer's Report' to him, to enable him to meet the grounds made out by the Enquiry Officer. The respondent must pay Rs.
150.00 as costs to the learned Representative of the appellant within to weeks. Mohammed Yousuf would be entitled to fall back benefits, which will depend upon the result of personal hearing by the District Manager. If the District Manager allows the appeal, Mohammad Yousuf will be entitled to full back benefits. The. Appeal is allowed and the order of the learned Court dated 13th February 1971, is set aside.