' This is an appeal challenging the decision dated 14-6-1987 recorded by learned Presiding Officer, Punjab Labour Court No, 5, Faisalabad whereby accepting the grievance petition of the respondent he was directed to be reinstated in service with full back benefits.
2. The allegation against the respondent was that his out turn for the month of November, 1986 was below the target. The grounds on which the learned lower Court has reinstated the respondent are that the misconduct should have been brought to the notice of the respondent within 90 days and that no enquiry was held against him. The period within which misconduct is to be brought to the notice of the employee concerned is 30 days and not 90 days. It means that the charge-sheet was time-barred. Since no enquiry was held the learned lower Court rightly set aside the dismissal order. I go a step further and say that the allegation made against the respondent did not amount to misconduct. His outturn may be due to inefficiency but does not amount to misconduct. Since no misconduct was committed, back benefits were rightly awarded.
3. As a result the appeal fails and is dismissed in limine.