DECISION This appeal arises from an order of the VIth Sind Labour Court Hyderabad allowing the grievance petition of Mubarak Ali worker for reinstatement and back benefits.
2. The facts are that the charge-sheet dated 5-10-1992 was served on Mubarak Ali, Oil Man of the Faran Sugar Mills. There were eight charges against him. It was alleged that he was seen loitering in the factory premises and interfering in the administrative matters with the Sectional Heads. 'He was arrogant and he refused to perform over the work whenever he was called upon to do so. He insulted the officers of the factory including Chief Engineer Shift Incharge, Electrical Foreman and the Supervisor. He misbehaved with everybody and wanted to assert himself by asking the administration to discharge daily wage workers. Thus, he was guilty of acts subversive of discipline and was a nuisance. He denied the allegations in the charge-sheet. He was served with the notice of enquiry. He was found guilty by the Enquiry Officer. He was served with the second show-cause notice and then dismissed
3. His main contention before Labour Court was that he was not served with the copy of the report of the Enquiry Officer alongwith the second show-cause notice.
4. Mr. Raees M. Mushtaq has argued that the omission to serve the Enquiry Report could not be fatal to the proceedings and does not vitiate the enquiry as he was present during the domestic enquiry proceedings and knew what was alleged against him, but having participated in the enquiry the non-- supply of report is not a material discrepancy to vitiate the proceedings.
5. Respondent Mubarak Ali is not present and there is nothing to show that prejudice was caused to Mubarak Ali for any defects in the enquiry proceedings. From the reading of the charge-sheet it appears that the respondent was nuisance in the factory and he had to be got rid of as he insulted every superior in the mills and failed to perform his own duties. There is no justification for setting aside his dismissal from service.
6. The order of the Labour Court is accordingly set aside and the appeal of Faran Sugar Mills is allowed. Any back benefits deposited may be refunded to the mills after thirty days.