DECISION ' Pervez Iqbal and Shahnawaz, workers of National Motors Ltd., Karachi, were charged with misconduct as they had entered the Canteen and insisted for the lunch being served to them at 12-00 noon instead of the appointed time of 12-30 p.m. They had exchanged hot words with the Canteen Manager and this had resulted in a row creating problem for the management. Both these workers were charge-sheeted and dismissed from service. They filed their grievance petitions before Labour Court No, 2 at Karachi and their petitions were rejected and dismissal was upheld.
2. The case of petitioner Pervez lqbal was that at the relevant time he was undergoing treatment and was getting drip at the Hospital. The other petitioner Shahnawaz also denied his presence in the Canteen at that time. The learned Labour Court disposed of the case of both Pervez Iqbal and Shahnawaz by a common judgment and held that both the applicants were present at that time in the Canteen when the incident occurred and the Enquiry Officer had given a correct finding.
3. Both the petitioners then preferred their appeals arising out of the same transaction before the Labour Appellate Tribunal.
4. Mr. Justice Agha Ali Hyder heard the appeal of Pervez Iqbal and held that the impugned order of the Labour Court could not be sustained. The order was therefore set aside and the appeal was allowed with full back benefits. Directions were issued for re-instatement of appellant Pervez Iqbal within a month.
5. Unfortunately the appeal of Shahnawaz was not kept together with the appeal of Pervez Iqbal although the decision of the Labour Court as a whole was set aside, the relief was granted only to Pervez Iqbal and the appeal of Shahnawaz remained pending.
6. Since the whole order passed in respect of petitions of Pervez Iqbal and Shahnawaz has been set aside it cannot be restored by this Tribunal for the case of Shahnawaz. The case of both these petitioners arise from the same transaction with the same facts as they both took the pleas that they were not present in the Canteen at the time of occurrence. It has not been shown how the case of Shahnawaz can be distinguished from that of Pervez Iqbal except that while Pervez Iqbal was having a drip in the Hospital, Shahnawaz was having a separate lunch outside the Canteen at 12-30.
7. Under the circumstances the judgment of Mr. Justice Agha Ali Hyder will govern both the cases including that of Shahnawaz because the decision of the Labour Court as a whole has already been set aside. Appellant Shahnawaz may also be re-instated with full back benefits within one month from the date of this order.