1. ORDER The petitioner-respondent who is a workman in the appellant Mills was served witn charge- sheet Exh. P.B. containing an allegation that on 6th September 1972 he had incited the workers of the Mills to go on illegal strike. The charge-sheet was issued by the Labour Officer *of the Mills.
2. Complete proceedings are not on the file and the record of the Junior Labour Court does not show as to who conducted the enquiry proceedings, lt is, however, admitted that the same Labour Officer conducted the enquiry proceedings. After the enquiry the same Labour Officer passed the dismissal order Exh. P.C. against the respondent. This order was later on withdrawn,--vide Exh. P. D.
3. Then another dismissal order Ex. P. E/ 1-2 was passed by the same Labour Officer who is not the employer of the respondent. The document Exh. P-F/l-2 shows that the respondent sent a grievance notice to the Management under section 25-A of the Industrial Relations Ordinance but to no avail. The order of dismissal already passed by the Labour Officer was upheld by one Mukhtar Ahmad who is said to be the Chief Executive of the Mills as is clear from Exh. P-F/l-2. After going through the file I am of the view that the inquiry was not conducted properly. The statements of the witnesses said to have been recorded by the Enquiry Officer are not on the file of the Junior Labour Court. As the order of dismissal was passed by the same person who issued the charge-sheet and held the enquiry, therefore, the said order is illegal and unsustainable. The order of the Junior Labour Court re-instating the petitioner-respondent is, therefore, upheld. The appeal fails and is hereby dismissed.