' The three appeals captioned above emerge from the order dated 17-8-1987 recorded by learned Presiding Officer, Punjab Labour Court No,8, Bahawalpur whereby the grievance petitions of the respondents were accepted and the punishments awarded to them were set aside.
2. The allegations against the respondents were that the seals of the wagons containing petrol were missing but the respondents who were Guards upon those trains did not record report in CM.
361 to that effect. So far as Siraj Ahmed is concerned he was given two charge-sheets and he did not file reply to any. Wali Muhammad was given three charge-sheets and so is the case with Saeed Ahmed. Wali Muhammad did not reply any of the charge-sheets but Saeed Ahmed had filed a reply to only one charge-sheet. Without holding enquiry-the respondents were ordered to pay price of the missing petrol in each case. Siraj Ahmed was awarded punishment of stopping of yearly increments for two years. Annual increment of Saeed Ahmed for one year in two cases each and was stopped. Increment for three years was stopped in the case of Wali Muhammad. On departmental appeals punishment of the recovery of the price of the missing petrol was not touched but the period of stopping of annual increments was reduced to one year in the cases of Saeed Ahmed and Wali Muhammad. The punishment awarded to Siraj Ahmed was reduced to six months.
3. Learned counsel for the appellant has conceded that enquiry was not held in any case but has argued that the grievance notices and grievance petitions were time-barred and that the respondents were not covered by the definition of "worker" but the learned lower Court did not record any finding thereon. On the other hand learned counsel for the respondents has argued that the evidence produced by the respondents on the points were neither rebutted by any rebuttal evidence nor was challenged in cross-examination. May it may be so but it was the duty of the learned lower Court to record finding on every contested point. No, statement of the learned counsel for the appellant can be found in any of the three cases whereby the legal objections mentioned above may have been withdrawn or no longer pressed.
4. As a result the appeals are accepted and setting aside the impugned decisions the cases are remanded for redecision. If any of the parties wish to produce additional evidence it will be within the competency of the learned lower Court to consider the same.