1. ORDER This is an appeal under section 36-D of the Industrial Relations Ordinance, 1969, preferred against an order, dated 11th July, 1973, passed by Mr. Muhammad Mahmood Butt, Presiding Officer, Junior Labour Court No. 1, Lyallpur, by which respondent was re-instated on his petition under section 25-A of the Industrial Relations Ordinance, 1969 to that Court. In this case parties requested for an additional evidence. Only documentary evidence was allowed to be produced. It was recorded on 29th November, 1973. I have gone through the record of the Junior Labour Court and have heard the parties at length. Brief facts rising to this appeal are that the respondent joined service of the appellant on 26th February, 1966. He absented himself on 5th March 1971 and he was dismissed from service on that ground on 19th May, 1971. He joined service in Military on 3rd May 1971, and was discharged from that department on 13th July 1971 as he was unlikely to become an efficient soldier. Respondent was again recalled on 3rd December, 1971 on an emergency duty, from where he was again discharged on 21st July 1973. All these dates are given in Exh. A-l on the file. Exh. R-l is a letter from the Baluch Regiment, Record Wing, Abbottabad, which is brought by hand. This is addressed to the Crescent Textile Mills, Sargodha Road, Lyallpur. The Management has been asked by this letter to give him duty and full benefits of his previous service. No doubt, the respondent served the military department in an emergency from 3rd December, 1971 to 21st July 1973 but as he did not go on 3rd December, 1971 from the appellant mills for the emergency duty he cannot be said to be the burden of the appellant. Anyhow, he was clever enough to hoodwink the military authorities and was successful enough to manoeuvre this letter Exh. R-l posing'^ himself to be an employee of Crescent Textile Mills whereas he was1 dismissed from service of the mills on 19th May 1971 and after that he was1 never re-employed. For the foregoing discussion order of the Junior Labour Court is not maintained and it is therefore, set aside and appeal is accepted. {2D8E6315-725F-453B-9EA9-BDCBE01484B9}