DECISION These are 14 appeals against an award made on 3rd November 1973, passed by Labour Court No. 1, Karachi, in applications under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The learned Labour Court rightly disposed of all the applications by the impugned order. The learned Labour Court relied on a case of Punjab Road Transport Corporation v. Punjab Labour Appellate Tribunal and 2 others, in support of his conclusion that as the copy of the Enquiry Officer's Report was not supplied to the appellants and also that no second show- cause notice was given to them, the order of dismissal was bad in law.
The learned Labour Court set aside the order of dismissal and ordered the respondent to supply a copy of the Enquiry Officer's Report and also to give a second show-cause notice as to why they should not be dismissed. This, they were required to do within thirty days of the order and in case the respondents failed to do so, they were to give back benefits to the appellants. I have heard Mr. A. Majeed, the learned Representative for the appellants, and Mr. Mirza for the respondent.
2. Mr. Majeed contended that it was a case of no enquiry, as the Enquiry Officer had not been produced.
Mr. Shabir Tinwalla, one of the four Directors of the Company filed his affidavit and stated in cross- examination as under:-- "I do not remember if the copy of the enquiry report was supplied to the applicants. We have not given any second show-cause notice to any of the applicants................................................................................................. I do not remember if any statement made against them was supplied to them."
3. One of the charges against the appellants was for inciting peaceful workers to participate in the illegal strike. As they had not produced the Enquiry Officer and not supplied a copy of the evidence against them, it was essential to have examined the Enquiry Officers to enable the appellants to establish that there was no evidence to support the charge of incitement. The appeals are allowed and the order of the leamed Labour Court is modified to this extent that the respondents would produce the Enquiry Officers to enable the appellants to cross-examine them within the time allowed by the Court, i. e., 30 days. In case they do not comply with the directions of the Court, the appellants would be re-instated and entitled! to back benefits.