' The appeal captioned above emerges from the decision dated 5-3-1988 recorded by learned Presiding Officer, Punjab Labour Court No, 9, Multan whereby the grievance petition of the respondent was accepted and the punishment of W.I.T. For three years and order of recovery of Rs,1,180 was set aside.
2. Admittedly no enquiry was held in the presence of the respondent before the imposition of the penalty of W.I.T. And passing of the order of recovery of Rs,1,180. The fact-finding enquiry is said to have been made but since the respondent was not associated with the said enquiry it was not sufficient for imposing the penalty. No order has been produced to the effect that holding of enquiry in some special circumstances of the case was not considered necessary. In cases where the competent authority elects not to hold enquiry it has to record an order giving reasons. Since the respondent was condemned unheard, the learned lower Court was justified in accepting the grievance petition and setting aside the punishment of W.I.T. And the order of recovery of Rs,1,180.
3. As a result the appeal fails and is dismissed.