DECISION This appeal is directed against the order of the First Sind Labour Court, Karachi, allowing the grievance petition under .Section 25-A of the I.R.O. And directing reinstatement of the petitioner with full back benefits.
2. The respondent was employed by the appellants as a Machine Operator in its factory on 13-3- 1983. In the year. 1992 it is alleged that the same worker misbehaved with the Production Manager and one Mr. Anthony a Foreign Expert for which a show-cause notice was issued to him. The worker appeared before the General Manager but he was suspended from service for 4 days at a the and charge-sheeted for misbehaving with the Assistant Manager Production and Mr. Anthony. He was found guilty after a domestic enquiry and he was dismissed from service.
3. The main contention of the learned Advocate for the factory management is that the grievance notice was the-barred by to days. The learned Labour Court found that the dismissal order was served on 25-11-1992 and the grievance of the worker was received by the management on 21-2- 1993. The statutory period of three months expired on 21-2-1993 and notice was despatched and served on 21-2-1993. It was also found that the petition under section 25-A of the I.R.O. Was also not the-barred. The management; therefore, relies on alleged bar of limitation rather than on merits of the case. During the enquiry the Enquiry Officer was changed and the very complaint has been found to have been re-written twice. The learned lower Court found the enquiry report to be unreliable and the worker was, therefore, reinstated.
4. I, therefore, do not find any substance in this appeal; the order of the First Sind Labour Court is accordingly maintained and the appeal is dismissed in limine.