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 the learned Court dismissed the appli--cation of the Bargaining Agent under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The application of the Bargaining Agent was based on the ground that the dismissal of Mohammad Iqbal, Conductor, by the District Manager, on pith June 1970, was bad in law. The learned Court came to the conclusion that the enquiry being fair the dismissal of Muhammad Iqbal could not be challenged under section 34 of the Ordinance.
2. Mr. A. Majeed, the learned Representative for the appellants, contended that the statement of Muhammad Iqbal was not challenged by the respondent and, therefore, it should be. Accepted.
Muhammad Iqbal deposed in his affidavit, which he filed under the orders of the Court, that he was not given an opportunity by the Enquiry Officer to cross-examine the prosecu--tion witnesses or to produce his own witnesses. This statement of Muhammad Iqbal has not been challenged by the respondent. In that view of the matter, it must be accepted. The result would be that the enquiry was in violation of the principles of A natural justice and, therefore, unfair. In the result, Muhammad Iqbal must be re-instated. The respondent, if it so desire, can hold fresh enquiry through some other Enquiry Officer, who would give Muhammad Iqbal an opportunity to cross-examine the prosecution witnesses and produce his own witnesses if he so desires. Muhammad Iqbal would be entitled to Rs. 150.00 as costs of the proceedings before the Labour Court and this Court. It must be paid to the learned Representative' of Muhammad Iqbal within to weeks. So far as back benefits are concerned, it will depend upon the result of the enquiry. If Muhammad Iqbal is found to be not guilty, he would be entitled to full back benefits. With these observations, the appeal is allowed and the order of the learned Court dated 13th February 1971, is set aside.